Description: Challenge to natural gas pipeline project between Ohio and Michigan.
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Sierra Club v. Federal Energy Regulatory Commission
Case Documents:
Filing Date Type File Action Taken Summary 12/13/2017 Order Download Proceedings dismissed without prejudice. D.C. Circuit Dismissed Challenges to Ohio-to-Michigan Pipeline Without Prejudice. The D.C. Circuit Court of Appeals dismissed without prejudice cases challenging the Federal Energy Regulatory Commission’s (FERC’s) approvals for the NEXUS pipeline between Ohio and Michigan. In doing so, the court granted Sierra Club’s motion for voluntary dismissal, which Sierra Club made after learning that the pipeline’s developer had purchased the property of one of the declarants supporting its emergency motion for a stay. FERC and pipeline developer had argued that the dismissal should be with prejudice. The emergency motion for stay, a motion to dismiss for lack of jurisdiction, and an emergency petition for writ of mandamus were dismissed as moot. 11/28/2017 Reply Download Reply filed by Sierra Club to FERC's and Nexus Gas Transmissions, LLC's response to petitioner's motion for voluntary dismissal without prejudice. 11/21/2017 Response Download Response filed by intervenor NEXUS Gas Transmission, LLC to Sierra Club's motion for voluntary dismissal without prejudice. 11/21/2017 Response Download Response filed by FERC to motion for dismissal without prejudice. 11/20/2017 Motion Download Motion filed by Sierra Club for voluntary dismissal without prejudice. Sierra Club Asked for Voluntary Dismissal After Learning Developer Had Purchased Member’s Property. On November 20, 2017, Sierra Club filed a motion seeking voluntary dismissal of the proceeding without prejudice after learning that the pipeline’s developer had purchased the property of one of the declarants supporting its emergency motion—a Sierra Club member who owned properties through which the pipeline would cut. The Federal Energy Regulatory Commission and the pipeline developer opposed dismissal without prejudice. 11/13/2017 Motion Download Emergency motion for stay pending review filed. Sierra Club Sought Stay of Ohio-to-Michigan Pipeline. On November 13, 2017, Sierra Club filed an emergency motion for stay of construction of the 257-mile NEXUS natural gas pipeline between Ohio and Michigan. Sierra Club argued that it had a high likelihood of success on the merits because, among other things, the Federal Energy Regulatory Commission (FERC) had violated the National Environmental Policy Act by failing to evaluate the effects of greenhouse gas emissions. Sierra Club preemptively countered the FERC’s anticipated argument that the D.C. Circuit lacked jurisdiction to consider the challenge to the pipeline because a request for rehearing was still pending before FERC. Sierra Club argued that FERC had denied the request for rehearing by operation of law by failing to act on the request within 30 days.