Evans v. Federal Energy Regulatory Commission

The D.C. Circuit Court of Appeals granted the Federal Energy Regulatory Commission’s (FERC’s) unopposed motion to dismiss proceedings challenging the Jordan Cove LNG Terminal and Pacific Connector Pipeline in Oregon and remand the record to FERC. As requested by FERC, the court ordered FERC to vacate authorizations for the project, consistent with FERC’s December 16, 2021 order, which vacated the authorizations subject to leave of the D.C. Circuit after the project’s developers informed FERC that they had decided not to move forward with the project because they had been unable to obtain necessary state authorizations.

On November 1, 2021, the D.C. Circuit Court of Appeals remanded the record to FERC for consideration of whether to impose a stay of a pipeline certification authorization related to the Jordan Cove liquefied natural gas export terminal in Oregon. The D.C. Circuit took this step after the project’s developers represented during oral argument that they were “reassessing” the project. On December 1, 2021, the developers notified FERC that they had decided not to move forward with the project due to concern “regarding their ability to obtain the necessary state permits.” They asked FERC to vacate its authorizations.