DC Circuit ruling overturns longstanding FERC practice of delaying through tolling orders

An en banc decision from the D.C. Circuit Court of Appeals that “prevents federal regulators from delaying decisions on whether to build out gas infrastructure indefinitely” could have “major consequences for stakeholders,” Utility Dive reports. The court ruled in Allegheny Defense Project v. FERC that the Federal Energy Regulatory Commission (FERC) “does not have the authority to postpone decisions on requests for rehearing” from landowners indefinitely, according to the article. 

Under the current process, “an individual has 30 days to file a request for rehearing after FERC issues an order,” then FERC has 30 days to respond. FERC “commonly responds to such requests through delaying or tolling the order,” which prevents the parties seeking a rehearing from pursuing litigation. 

Jeff Dennis, managing director and general counsel at Advanced Energy Economy, said the most severe impacts from that approach were on landowners; the “factual circumstances of the Allegheny Defense Project case were kind of the most extreme examples of how that policy could create real, lasting, irreparable harm on parties who are seeking rehearing and ultimately plan to seek judicial review.” For more, read the full article.

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