B&J Oil & Gas v. Federal Energy Regulatory Commission

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In this case, we consider an energy producer’s challenge to the Federal Energy Regulatory Commission’s decision to permit a neighboring natural gas pipeline operator to expand an underground gas storage facility onto the producer’s property. Although we reject FERC’s argument that the producer lacks standing to pursue this challenge, because FERC’s orders are supported by substantial evidence and are neither arbitrary nor capricious, we deny the petition for review.

I

Under section 7(c) of the Natural Gas Act (NGA), natural…