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Judicial Review Pipelines

Sheppard Mullin Richter & Hampton LLP

FERC Seeks Further Comment Regarding Pipelines Initiating Construction While Rehearing is Pending

The FERC today issued Order No. 871-A, seeking further comment on modifications last summer to its regulations under Natural Gas Act Sections 3 and 7 that prohibited initiating pipeline construction, pending timely filing of...more

Bricker Graydon LLP

D.C. Circuit bars long-standing FERC rehearing tolling practice

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On June 30, 2020, the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, denounced the practice of the secretary of the Federal Energy Regulatory Commission (FERC) in issuing tolling orders, which provide FERC with...more

Davis Wright Tremaine LLP

D.C. Circuit Ends FERC Practice of Delaying Judicial Review Through Tolling Orders

The U.S. Court of Appeals for the D.C. Circuit, sitting en banc, has ruled that the Federal Energy Regulatory Commission (FERC) cannot delay the time for a judicial appeal by issuing a tolling order. FERC's long-standing...more

Pierce Atwood LLP

DC Circuit Rejects FERC’s Tolling Authority in Pipeline Certificate Proceedings

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The Federal Energy Regulatory Commission (“FERC”) can no longer delay judicial review of its orders under the Natural Gas Act by issuing a tolling order that takes no action on a rehearing request other than granting itself...more

Bricker Graydon LLP

[Webinar] Environmental Permitting Appeals and Pipeline Construction: Are the circuit courts the new environmental review courts?...

Bricker Graydon LLP on

Bricker attorneys Frank Merrill and Christine Rideout Schirra will be presenting 'Environmental Permitting Appeals and Pipeline Construction: Are the circuit courts the new environmental review courts?' for the Institute of...more

Bennett Jones LLP

Federal Court of Appeal Dismisses Challenge to GIC Approval of Trans Mountain Pipeline Expansion Project

Bennett Jones LLP on

Canada's duty to consult with Indigenous peoples does not guarantee outcomes, the Federal Court of Appeal (FCA or Court) confirmed in Coldwater First Nation v Canada (Attorney General), 2020 FCA 34 [Coldwater]....more

Bennett Jones LLP

ACO Authority Confirmed—Duty to Consult Not Triggered by Taking Up Any Lands

Bennett Jones LLP on

In a decision released on October 22, 2019, the Alberta Court of Appeal addressed two questions raised by the Athabasca Chipewyan First Nation (ACFN) in an appeal of a judicial review of an Aboriginal Consultation Office...more

Bennett Jones LLP

Trans Mountain: Did the Crown Adequately Discharge Its Duty to Consult?

Bennett Jones LLP on

On September 4, 2019, the Federal Court of Appeal released its reasoned decision to partly grant leave to start applications for judicial review of the Governor in Council's approval of the Trans Mountain Pipeline expansion...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2017#2

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

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