Topic
Tolling Orders
8 published works
Washington Energy Report
D.C. Circuit Grants FERC’s Motion to Stay Tolling Order Decision
By Tom Marshall, Adrienne Thompson
On July 23, 2020, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) granted FERC’s motion for a ninety-day stay of the court’s mandate in…
Washington Energy Report
FERC Moves to Stay DC Circuit’s Tolling Order Decision
By Katherine O'Konski, Russell Kooistra
On July 6, 2020, FERC moved for a ninety-day stay of the United States Court of Appeals for the District of Columbia Circuit’s (“D.C. Circuit’s”) mandate in Allegheny Defense Project…
Energy and Environmental Trends Watch
Breaking with Precedent, D.C. Circuit Holds FERC Lacks Authority to Issue Tolling Orders under the Natural Gas Act
Mark R. Haskell, Brett A. Snyder, and Lamiya N. Rahman On June 30, 2020, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) struck down the Federal…
The Nickel Report
DC Circuit Upends Long-Standing FERC Practice on Tolling Orders
By Ted J. Murphy, Brian M. Zimmet
On June 30, 2020, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit” or “Court”) issued an en banc rehearing order holding that the Natural…
Washington Energy Report
In Significant Order on FERC Procedure, <em>En Banc</em> D.C. Circuit Rejects FERC’s Use of Tolling Orders under the Natural Gas Act, Raising Significant Implementation Questions for All Pending and Future Proceedings
On June 30, 2020, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), sitting en banc, upset FERC’s long-used practice of granting itself more time…
Washington Energy Report
FERC Defends Use of Tolling Orders Before the DC Circuit En Banc
By Miles Kiger
On February 10, 2020, FERC filed its Rehearing En Banc Brief (“Brief”) regarding opposition to FERC’s authorization of the construction of Transcontinental Gas Pipe Line Company, LLC’s (“Transco”) proposed Atlantic…
Washington Energy Report
D.C. Circuit to Review FERC Tolling Orders En Banc
By Sidney Villanueva, Russell Kooistra
On December 5, 2019, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) granted a petition for rehearing en banc of an opinion it issued…
The Nickel Report
DC Circuit Tosses FERC Bias Claim, OKs Use of Tolling Orders
On July 10, 2018, a panel of the United States Court of Appeals for the DC Circuit rejected an environmental group’s claim that FERC’s funding mechanism results in unconstitutional bias…