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The Climate Litigation Database

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.
Docket number
18-1128
Court/admin entity
United StatesUnited States Federal CourtsUnited States Court of Appeals for the District of Columbia (D.C. Cir.)
Case category
Federal Statutory Claims (US)NEPA (US)
Principal law
United StatesNational Environmental Policy Act (NEPA)United StatesNatural Gas Act
At issue
Challenge to FERC authorization of PennEast Pipeline project.
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
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01/28/2022
FERC filed unopposed motion to dismiss and remand record to agency.
Motion
10/01/2019
Order directing that cases be held in abeyance pending final disposition of In re PennEast Pipeline Company, LLC.
Decision
05/06/2019
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.
Reply
04/04/2019
Joint answering brief filed by respondent-intervenors PennEast Pipeline Company, LLC and Consolidated Edison Company of New York, Inc.
Brief
03/28/2019
Amicus brief filed by Interstate Natural Gas Association of America in support of FERC and affirmance.
Amicus Motion/Brief
12/28/2018
Amicus brief filed by Environmental Defense Fund in support of petitioners New Jersey Department of Environmental Protection et al.
Amicus Motion/Brief
12/28/2018
Brief
12/28/2018
Amicus brief filed by Institute for Policy Integrity at NYU School of Law in support of petitioners.
Amicus Motion/Brief
12/28/2018
Amicus brief filed by Niskanen Center in support of petitioners.
Amicus Motion/Brief
12/21/2018
Joint brief filed by petitioners New Jersey Department of Environmental Protection et al.
Brief
05/09/2018
Petition for review filed.
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.
Petition

Summary

Challenge to FERC authorization of PennEast Pipeline project.

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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance