Environmental Defense Fund v. Federal Energy Regulatory Commission

The U.S. Supreme Court denied a gas utility and natural gas pipeline company’s petition for writ of certiorari seeking review of a D.C. Circuit order that vacated the Federal Energy Regulatory Commission’s authorization of a natural gas pipeline in the St. Louis region. The petition presented the question of “whether remand without vacatur is the appropriate remedy where the record indicates that an agency’s inadequately reasoned decision could be corrected on remand and vacatur of the decision could result in serious, and potentially life-threatening, disruptive consequences.”

On September 7, 2021, the D.C. Circuit Court of Appeals denied respondent-intervenors’ petitions for panel rehearing and rehearing en banc of the court’s June 2021 decision vacating Federal Energy Regulatory Commission orders authorizing a natural gas pipeline in the St. Louis area.