Gas Transmission Northwest, LLC v. Federal Energy Regulatory Commission

Washington and Oregon filed a petition for review in the D.C. Circuit Court of Appeals challenging FERC’s authorization of the construction and operation of Gas Transmission Northwest Xpress, a project to expand the capacity of a natural gas pipeline. The petition challenged FERC’s issuance of the certificate as well as FERC’s order on rehearing and FERC’s “denial by operation of law” of a request for further rehearing. The states previously filed a petition for review challenging the certificate; that proceeding was consolidated with other cases and transferred to the Fifth Circuit. The states’ petition asserted that the project would harm them, including by increasing greenhouse gas emissions and exacerbating climate change harms to state-owned coastal land, forests, parks, and other property.

Two petitions for review were filed challenging the Federal Energy Regulatory Commission’s (FERC’s) authorization for natural gas compression facilities in Idaho, Washington, and Oregon to enable expansion of pipeline system transportation capacity. The project’s developer <a href="https://climatecasechart.com/case/gas-transmission-northwest-llc-v-federal-energy-regulatory-commission/">challenged</a> the authorization (to the extent it was adverse to the developer) in the Fifth Circuit Court of Appeals. Environmental groups challenged the authorization in the D.C. Circuit. FERC submitted a notice of multicircuit petitions to the Judicial Panel on Multidistrict Litigation (JPML), and the JPML’s clerk selected the D.C. Circuit as the court in which to consolidate the petitions. The developer filed a motion to reconsider, arguing that the environmental groups’ petition did not meet requirements to trigger a multicircuit lottery.

Two petitions for review were filed challenging the Federal Energy Regulatory Commission’s (FERC’s) authorization for natural gas compression facilities in Idaho, Washington, and Oregon to enable expansion of pipeline system transportation capacity. The project’s developer challenged the authorization (to the extent it was adverse to the developer) in the Fifth Circuit Court of Appeals. Environmental groups <a href="https://climatecasechart.com/case/columbia-riverkeeper-v-federal-energy-regulatory-commission/">challenged</a> the authorization in the D.C. Circuit. FERC submitted a notice of multicircuit petitions to the Judicial Panel on Multidistrict Litigation (JPML), and the JPML’s clerk selected the D.C. Circuit as the court in which to consolidate the petitions. The developer filed a motion to reconsider, arguing that the environmental groups’ petition did not meet requirements to trigger a multicircuit lottery.