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The Climate Litigation Database
Litigation

Delaware Riverkeeper Network v. Federal Energy Regulatory Commission

Date
2018
Geography
District of Columbia
Part of
Delaware Riverkeeper Network v. Federal Energy Regulatory Commission

About this case

Filing year
2018
Status
FERC filed unopposed motion to dismiss and remand record to agency.
Geography
Docket number
18-1128
Court/admin entity
United States → United States Federal Courts → D.C. Cir.
Case category
Federal Statutory Claims → NEPA
Principal law
United States → National Environmental Policy Act (NEPA)United States → Natural Gas Act
At issue
Challenge to FERC authorization of PennEast Pipeline project.

Documents

Filing Date
Type
Action Taken
Document
Summary
01/28/2022
Motion
FERC filed unopposed motion to dismiss and remand record to agency.
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10/01/2019
Decision
Order directing that cases be held in abeyance pending final disposition of In re PennEast Pipeline Company, LLC.
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05/06/2019
Reply
Joint reply brief filed by petitioners New Jersey Department of Environmental Protection, Delaware and Raritan Canal Commission, and New Jersey Division of the Rate Counsel.
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05/02/2019
Reply
Petitioners' joint reply brief filed.
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04/04/2019
Brief
Joint answering brief filed by respondent-intervenors PennEast Pipeline Company, LLC and Consolidated Edison Company of New York, Inc.
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03/28/2019
Amicus Motion/Brief
Amicus brief filed by Interstate Natural Gas Association of America in support of FERC and affirmance.
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03/21/2019
Brief
Brief filed by respondent FERC.
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12/28/2018
Amicus Motion/Brief
Amicus brief filed by Environmental Defense Fund in support of petitioners New Jersey Department of Environmental Protection et al.
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12/28/2018
Brief
Errata to petitioners' joint opening brief filed.
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12/28/2018
Amicus Motion/Brief
Amicus brief filed by Institute for Policy Integrity at NYU School of Law in support of petitioners.
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12/28/2018
Amicus Motion/Brief
Amicus brief filed by Niskanen Center in support of petitioners.
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12/21/2018
Brief
Joint brief filed by petitioners New Jersey Department of Environmental Protection et al.
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12/21/2018
Brief
Petitioners' joint opening brief filed.
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05/09/2018
Petition
Petition for review filed.
View
A number of petitions for review were filed in the D.C. Circuit Court of Appeals to challenge FERC’s issuance of a certificate of public convenience and necessity for the PennEast project and FERC’s denial of requests for rehearing. The PennEast project includes a 116-mile natural gas pipeline from Pennsylvania to New Jersey, three lateral pipelines, a compression station, and appurtenant aboveground facilities. Issues raised by the petitioners in the requests for rehearing included FERC’s consideration of greenhouse gas emissions and impacts on climate change.

Summary

Challenge to FERC authorization of PennEast Pipeline project.