On July 10, 2018, in Delaware Riverkeeper Network, et al. v. Federal Energy Regulatory Commission, a panel of the United States Court of Appeals for the DC Circuit rejected an environmental group’s claim that the Federal Energy Regulatory Commission’s funding mechanism results in unconstitutional bias in favor of the pipeline industry. The court also rebuffed a due process attack on the Commission’s use of “tolling orders” to avoid automatic denial of rehearing requests after 30 days.
The decision is noteworthy as it represents the latest rejection of similar constitutional challenges to FERC’s operations and practices that pipeline opponents have been raising with increasing frequency. The ruling also highlights the difficulty of bypassing the Natural Gas Act’s administrative rehearing and judicial review process through novel broadside attacks on the Commission’s general practices and procedures. Continue Reading DC Circuit Tosses FERC Bias Claim, OKs Use of Tolling Orders