Pipeline Regulator Tells Court Its Review Process Is Lawful

Feb. 10, 2020, 10:27 PM

Federal pipeline regulators are defending a practice called “Kafkaesque” by one judge, arguing they need flexibility to review appeals from landowners, environmental groups, and other project opponents.

The Federal Energy Regulatory Commission on Monday filed a brief with the U.S. Court of Appeals for the District of Columbia Circuit, urging it to reject efforts to curtail “tolling orders” that prolong the agency’s in-house review process and prevent natural gas pipeline challengers from quickly taking their claims to court.

A D.C. Circuit ruling against FERC could change the timelines for pending natural gas projects, potentially forcing FERC to speed up ...

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