Judges Dissect Pipeline Review Process Called ‘Kafkaesque’ (1)

April 27, 2020, 5:15 PM UTCUpdated: April 27, 2020, 6:47 PM UTC

Federal regulators could be forced to update their review process for pipeline challenges after judges scrutinized the fairness of a longstanding policy that often keeps opponents out of court while a company builds a project.

The full slate of active judges from the U.S. Court of Appeals for the District of Columbia Circuit convened via teleconference Monday for a dispute over the Federal Energy Regulatory Commission’s use of “tolling orders” to lengthen the time the agency has to resolve complaints about pipeline approvals.

The seemingly bureaucratic debate has sweeping on-the-ground implications for energy companies, landowners, and environmentalists. A ruling against ...

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