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CITY OF OBERLIN, OHIO v. FERC

No. 20-1492.

39 F.4th 719 (2022)

CITY OF OBERLIN, OHIO, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, NEXUS Gas Transmission, LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2022.

Attorney(s) appearing for the Case

Carolyn Elefant argued the cause and filed the briefs for petitioner.

David Bookbinder , Megan C. Gibson , and Ciara Malone were on the brief for amici curiae Landowners in support of petitioner.

Carol J. Banta , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.

With her on the brief were Matthew R. Christiansen , General Counsel, and Robert H. Solomon , Solicitor.

David A. Super , argued the cause for intervenor NEXUS Gas Transmission, LLC. With him on the brief was Britt Cass Steckman .

Before: Rogers and Rao, Circuit Judges, and Sentelle, Senior Circuit Judge.

This case concerns whether the Federal Energy Regulatory Commission ("FERC" or "the Commission") properly granted NEXUS Gas Transmission, LLC ("Nexus") a certificate of public convenience and necessity to construct and operate a natural gas pipeline from Ohio to Michigan. After FERC granted Nexus...

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