July 11, 2018 / 9:41 PM / 4 months ago

Appeals court rules FERC's funding structure constitutional

A federal appeals court in the District of Columbia has declined to revive a lawsuit by environmental group Delaware Riverkeeper accusing the Federal Energy Regulatory Commission of bias in favor of natural gas pipeline companies who pay it user fees.

The Pennsylvania-based environmental group had sued FERC in 2016 arguing that the agency’s partial funding by pipeline companies violated due process guarantees in the U.S. Constitution’s Fifth Amendment, which require that “adjudicative” bodies, or those conducting formal proceedings, be free of bias.

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