Appellate Briefs

Delaware Riverkeeper Network, et al. v. FERC Nos. 18-1128 and 18-1144 Motion to dismiss petition challenging conditional approval of PennEast pipeline project. PennEast Pipeline Co., LLC, 162 FERC ¶ 61,053 (2018). Circuit D.C. Cir.

Village of Old Mill Creek, et al. v. FERC Nos. 17-2433 and 17-2445 Amicus brief on behalf of the United States and FERC, filed at the invitation of the 7th Circuit, concerning whether the Federal Power Act preempts an Illinois law that provides for “zero emission credits” to certain qualifying renewable resources. Circuit 7th Cir.

Arizona Public Service Co. v. FERC No. 17-73244 Order accepting APS notice of cancelation, rejecting APS proposal to pay SoCal Edison a negotiated reimbursement to be recovered in rates, and directing APS to file a 2015 expiration agreement. Arizona Pub. Serv. Co., 156 FERC ¶ 61,006 (2016), order on reh’g & clar., 161 FERC ¶ 61,022 (2017). Circuit 9th Cir.

Bold Alliance, et al. v. FERC No. 18-1533 Response in opposition to motion for stay pending appeal of notices to proceed with construction on Mountain Valley Pipeline, and rehearing order addressing same, 163 FERC ¶ 61,099 (May 4, 2018). Circuit 4th Cir.

Homeowners Against Land Takings - Penn East, Inc. v. FERC No. 18-1079 Reply in support of motion to dismiss petition challenging conditional approval of PennEast pipeline project. PennEast Pipeline Co., LLC, 162 FERC ¶ 61,053 (2018) Circuit D.C. Cir.

New Jersey Conservation Foundation v. FERC No. 17-11991 Reply in support of the motion to dismiss for lack of subject matter jurisdiction a complaint by non-profit environmental organization challenging the PennEast pipeline certificate order. Circuit D.N.J

Allegheny Defense Project, et al. v. FERC No. 18-1031 Reply in support of motion to dismiss petition for review that challenged conditional approval of Tennessee Gas Pipeline Company’s Abandonment and Capacity Restoration Project. Tennessee Gas Pipeline Co., L.L.C., 160 FERC ¶ 61,144 (2017). Circuit D.C. Cir.

Homeowners Against Land Takings – PennEast, Inc. v. FERC No. 18-1079 Motion to dismiss petition challenging conditional approval of PennEast pipeline project. PennEast Pipeline Co., LLC, 162 FERC ¶ 61,053 (2018) Circuit D.C. Cir.

Narragansett Indian Tribal Historic Preservation Office v. FERC No. 18-1069 Reply in support of motion to dismiss, for lack of jurisdiction, petition for review of order that denied late intervention in agency docket considering Tennessee Gas Pipeline Company’s Connecticut Expansion Project. Tennessee Gas Pipeline Co., L.L.C., 162 FERC ¶ 61,013 (2018). Circuit D.C. Cir.

Maine Council of the Atlantic Salmon Fed., et al. v. FERC No. 17-1003 Order amending licenses for three hydroelectric projects on the Kennebec River in Maine, to require protection plans for endangered Atlantic salmon and sturgeon. Merimil Limited Partnership and Brookfield White Pine Hydro, LLC, 155 FERC ¶ 61,185 (2016), reh’g dismissed, 157 FERC ¶ 61,089 (2016). Circuit D.C. Cir.

Appalachian Voices, et al. v. FERC Nos. 18-1114 and 18-1271 Response in opposition to petition and motion for stay pending appeal of non-final Certificate Order regarding Atlantic Coast Pipeline Project, 161 FERC ¶ 61,042 (Oct. 13, 2017). Circuit 4th Cir.

Appalachian Voices, et al. v. FERC No. 18-1114 Reply in support of motion to dismiss, for lack of jurisdiction, petition seeking review of non-final Certificate Order regarding Atlantic Coast pipeline project. Atlantic Coast Pipeline, LLC, 161 FERC ¶ 61,042 (Oct. 13, 2017). Circuit 4th Cir.

Allegheny Defense Project, et al. v. FERC No. 18-1031 Motion to dismiss petition for review that challenged conditional approval of Tennessee Gas Pipeline Company’s Abandonment and Capacity Restoration Project. Circuit D.C. Cir.

Orus Berkley, et al. v. FERC, et al. No. 18-1042 Appeal of 12/11/17 decision of Judge Dillon (W.D. Va.) granting FERC motion to dismiss complaint of landowners opposing proposed Mountain Valley pipeline in West Virginia and Virginia, raising constitutional objection to exercise of eminent domain by certificate holder. Mountain Valley Pipeline, LLC, 161 FERC ¶ 61,043 (2017), reh’g pending. Circuit 4th Cir.

New Jersey Conservation Foundation v. FERC No. 17-11991 Motion to dismiss for lack of subject matter jurisdiction a complaint by non-profit environmental organization challenging the PennEast pipeline certificate order. Circuit D.N.J.

Sierra Club, et al. v. FERC Nos. 16-1329 and 16-1387 Reply in Support of Motion to Stay Issuance of Mandate. Order authorizing, subject to conditions, Florida Southeast, Transco, and Sabal Trail to construct and operate natural gas pipeline projects to serve Florida and southeast markets. Florida Southeast Connection, LLC, et al., 154 FERC ¶ 61,080 (2016), order on reh’g, 156 FERC ¶ 61,160 (2016). Circuit D.C. Cir.

Appalachian Voices, et al. v. FERC No. 18-1114 Motion to dismiss for lack of jurisdiction of petition seeking review of non-final Certificate Order regarding Atlantic Coast pipeline project. Atlantic Coast Pipeline, LLC, 161 FERC ¶ 61,042 (Oct. 13, 2017). Circuit 4th Cir.

City of Oberlin, Ohio v. FERC No. 17-4302 Response in opposition to motion for stay pending appeal of non-final Certificate Order regarding NEXUS pipeline project, NEXUS Gas Transmission, LLC, 160 FERC ¶ 61,022 (Aug. 25, 2017). Circuit 6th Cir.

Coalition to Reroute Nexus, et al. v. FERC No. 17-4302 City of Oberlin, Ohio v. FERC No. 17-4308 Reply in support of motion to dismiss Motion to dismiss for lack of jurisdiction petitions seeking review of non-final Certificate Order regarding NEXUS pipeline project, NEXUS Gas Transmission, LLC, 160 FERC ¶ 61,022 (Aug. 25, 2017). Circuit 6th Cir.

Delaware Riverkeeper Network v. FERC No. 17-5084 Appeal of Mar. 22, 2017 district court dismissal of Riverkeeper complaint, challenging funding of natural gas pipeline reviews and fairness of certificate process, for failure to state a claim upon which relief can be granted. Delaware Riverkeeper Network, et al. v. FERC, D.D.C. 1:16-cv-00416 (J. Chutkin). Circuit D.C. Cir.