D.C. Circuit Wary of FERC LNG Terminal Direct Transfer Test (1)

A panel of D.C. Circuit judges on Tuesday sharply questioned a Federal Energy Regulatory Commission lawyer on where the agency draws the line when deciding whether it has jurisdiction over a proposed liquefied natural gas facility.

Public Citizen Inc., a consumer rights advocacy group, told the US Court of Appeals for the District of Columbia Circuit that FERC wrongly declared it didn’t have jurisdiction over the project under the Natural Gas Act. Nopetro LNG LLC had petitioned commission to come to that conclusion after identifying an area near Port St. Joe, Fla., for an LNG-production facility where gas would ...