January 22, 2020 / 12:10 AM / a month ago

Eleven states support challenge to FERC's use of tolling orders at D.C. Circuit

Eleven states have asked a federal appeals court to review a challenge to the U.S. Federal Energy Regulatory Commission’s delay of the administrative review of its 2017 certification of the Atlantic Sunrise pipeline project until after it had authorized construction to begin.

The states, including Maryland and New York, filed an amicus brief late on Friday with the U.S. Court of Appeals for the D.C. Circuit where the case will be reheard en banc in March, saying FERC’s ubiquitous practice of issuing tolling orders to extend the review period of projects violates their residents’ constitutional due process rights and offends the states’ sovereignty.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/38wWkO3

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