Legal Opinion
Berkshire Environmental Action Team, Inc. v. Tennessee Gas Pipeline Co.
Court of Appeals for the First Circuit
Decided March 15, 2017No. 16-2100PPublishedCited by 22 opinions
1Opinion of the Court
KAYATTA, Circuit Judge.
In this unusual petition for review arising out of a state administrative proceeding, the petitioners themselves argue that we lack jurisdiction to hear their complaints about what has transpired to date before the state agency. Because the agency itself has not yet finally acted on the matter that is before it as is required to invoke our jurisdiction under 15 U.S.C. § 717r(d)(l), we agree and dismiss the petition.
I. Background
The Natural Gas Act (“NGA”) requires a natural gas company to obtain from the Federal Energy Regulatory Commission (“FERC”) a certificate of…
2Cases cited15 opinions
- Bennett v. SpearSupreme Court of the United States · 1997
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Barnhart v. Sigmon Coal Co.Supreme Court of the United States · 2002
- Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp.Supreme Court of the United States · 1948
- Darby v. CisnerosSupreme Court of the United States · 1993
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3Cited by22 opinions
- Twp. of Bordentown v. Fed. Energy Regulatory Comm'nCourt of Appeals for the Third Circuit · 2018
- Grazioli v. Genuine Parts Co.District Court, D. New Jersey · 2005
- Del. Riverkeeper Network v. Sec'y Pa. Dep't of Envtl. Prot.Court of Appeals for the Third Circuit · 2018
- Delaware Riverkeeper Network v. Secretary of the Pennsylvania Department of Environmental ProtectionCourt of Appeals for the Third Circuit · 2017
- Sierra Club v. West Virginia DEPCourt of Appeals for the Fourth Circuit · 2023
17 more not listed; retrieve them via the Exa API.