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MIDSHIP PIPELINE COMPANY, L.L.C. v. FERC

No. 22-60225.

45 F.4th 867 (2022)

MIDSHIP PIPELINE COMPANY, L.L.C., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

Filed August 18, 2022.

Attorney(s) appearing for the Case

Robert Mark Loeb , Orrick, Herrington & Sutcliffe, L.L.P., Washington, DC, for Petitioner.

Matthew J. Glover , U.S. Department of Justice, Office of the Solicitor, Washington, DC, Carol Jayne Banta , Robert Harris Solomon, Esq. , Solicitor, Federal Energy Regulatory Commission, Washington, DC, for Respondent.

David Gabriel Bookbinder , Niskanen Center , Incorporated, Washington, DC, for Intervenor Sandy Creek Farms, Incorporated.

Before Higginbotham, Haynes, and Wilson, Circuit Judges.

Midship Pipeline Company, L.L.C. challenges part of a Federal Energy Regulatory Commission (FERC) order directing an administrative law judge to determine the "reasonable cost" for Midship to complete remediation activities at Sandy Creek Farms in Oklahoma. The FERC, like all administrative agencies, must ground its...

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