Delaware Riverkeeper Network v. Federal Energy Regulatory Commission
District Court, District of Columbia
1Opinion of the Court
MEMORANDUM OPINION
TANYA S. CHUTEAN, United States District Judge
The Federal Energy Regulatory Commission (FERC) is empowered to issue “certificate[s] of public convenience and necessity” allowing entities to transport natural gas and to construct, extend, acquire, or operate natural gas pipelines. 15 U.S.C. § 717f. Plaintiffs, an environmental organization and its executive director, assert that FERC is unable to make unbiased determinations on the issuance of pipeline certificates because of a provision of the Omnibus Budget Reconciliation Act of 1986 (the Omnibus Act) which requires FERC to…
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