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New Jersey Conservation Foundation v. Federal Energy Regulatory Commission

Filing Date: 2023
Case Categories:
  • Federal Statutory Claims
    • NEPA
  • Federal Statutory Claims
    • Other Statutes and Regulations
Principal Laws:
Natural Gas Act, Administrative Procedure Act (APA), National Environmental Policy Act (NEPA)
Description: Challenge to Federal Energy Regulatory Commission authorizations for the Regional Energy Access Expansion project, a natural gas infrastructure project to expand natural gas transportation service to New Jersey, Pennsylvania, and Maryland.
  • New Jersey Conservation Foundation v. Federal Energy Regulatory Commission
    Docket number(s): 23-1064
    Court/Admin Entity: D.C. Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    03/28/2023 Opposition Download Opposition to emergency motion to stay filed by FERC.
    03/23/2023 Motion to Intervene Download Motion for leave to intervene filed by Exelon Corporation.
    03/22/2023 Opposition Download Opposition to emergency motion for stay filed by intervenor Transcontinental Gas Pipe Line Company, LLC.
    03/21/2023 Motion Download Emergency motion for stay filed by petitioners. On March 21, 2023, one group of petitioners filed an emergency motion to halt construction activities, including tree-felling. The petitioners argued that they were likely to succeed on the merits of their claim that FERC unlawfully approved project, including because FERC did not consider evidence that that there was no need for the project, and that FERC failed to adequately balance the project’s adverse impacts and public benefits. They argued that environmental harms, including impacts on climate change, would cause irreparable injury; that a stay would not significantly harm the applicant or other parties; and that there was “fundamental public interest” in granting a stay, including because the project would increase upstream gas production and contribute to adverse climate impacts.
    03/13/2023 Petition for Review Download Joint petition for review filed. Environmental Groups Challenged Project to Expand Natural Gas Pipeline System for Shipments to New Jersey, Pennsylvania, and Maryland. Environmental organizations filed petitions for review in the D.C. Circuit Court of Appeals challenging Federal Energy Regulatory Commission (FERC) authorizations for the Regional Energy Access Expansion project, a natural gas infrastructure project that involves modernization of existing compression facilities and construction of new facilities to provide an additional 829,400 dekatherms per day of “firm transportation service” for shippers from northeastern Pennsylvania to delivery points in New Jersey, Pennsylvania, and Maryland.
  • New Jersey Conservation Foundation v. Federal Energy Regulatory Commission
    Docket number(s): 23-1074
    Court/Admin Entity: D.C. Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    03/20/2023 Petition for Review Download Petition for review filed.
  • Delaware Riverkeeper Network v. Federal Energy Regulatory Commission
    Docket number(s): 23-1077
    Court/Admin Entity: D.C. Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    03/20/2023 Petition for Review Download Petition for review filed.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.