PUBLIC CITIZEN v. FEDERAL ENERGY REGULATORY COMM'N

No. 22-1251.

92 F.4th 1124 (2024)

PUBLIC CITIZEN, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Nopetro LNG, LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 16, 2024.


Attorney(s) appearing for the Case

Nandan M. Joshi argued the cause for petitioner. With him on the briefs was Scott L. Nelson .

Elizabeth F. Benson and Ankit Jain were on the brief for amici curiae Citizens for Pennsylvania's Future, et al. in support of petitioner.

Moneen Nasmith, Elizabeth Livingston de Calderon, Jordan Luebkemann, and Bradley Marshall were on the brief for amici curiae North Port St. Joe Project Area Committee, Inc., et al. in support of petitioner.

Matthew J. Glover , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were Matthew R. Christiansen , General Counsel, Robert H. Solomon , Solicitor, and Anand Viswanathan , Attorney. Robert M. Kennedy, Jr. entered an appearance.

Jennifer L. Key argued the cause for intervenor and adopts the respondent's brief.

Jeremy C. Marwell and Christopher J. Terhune were on the brief for amicus curiae New Fortress Energy Inc. in support of respondent.

Before: Katsas, Pan, and Garcia, Circuit Judges.


In 2021, Nopetro LNG, LLC ("Nopetro") sought to build a liquefied natural gas ("LNG") facility in Port St. Joe, Florida. Nopetro requested a ruling from the Federal Energy Regulatory Commission that the planned facility falls outside the Commission's regulatory jurisdiction under Section 3 of the Natural Gas Act. The Commission...

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