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DELAWARE RIVERKEEPER NETWORK v. FERC

No. 20-1206 Consolidated with 20-1338.

45 F.4th 104 (2022)

DELAWARE RIVERKEEPER NETWORK and Maya van Rossum, the Delaware Riverkeeper, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Adelphia Gateway, LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 2022.

Attorney(s) appearing for the Case

Kacy C. Manahan argued the causes for petitioners Delaware Riverkeeper Network, et al. Douglas R. Blazey argued the causes for petitioner West Rockhill Township. With them on the joint briefs was John R. Embick .

Jared B. Fish , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Matthew R. Christiansen , General Counsel, and Robert H. Solomon , Solicitor.

Jeremy C. Marwell argued the cause for intervenor. With him on the brief were James D. Seegers , Suzanne E. Clevenger , Matthew X. Etchemendy , and James T. Dawson .

Before: Rogers and Jackson, Circuit Judges, and Silberman, Senior Circuit Judge.

Adelphia Gateway, LLC, applied to the Federal Energy Regulatory Commission for a certificate of public convenience and necessity to acquire an existing pipeline system in Pennsylvania and Delaware. It also sought authorization to construct two short lateral pipeline segments extending from the existing pipeline infrastructure...

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