HOUSTON, April 9, 2009 -- In their article “The Future of FERC’s ‘Conditioning Authority’” published today on the Energy Law360 Website, Baker Botts lawyers Mark Cook and Adam White point out that while the development of natural gas infrastructure is largely regulated by the Federal Energy Regulatory Commission, many other federal and state agencies play roles under the applicable federal laws.
In order to facilitate orderly review of natural gas projects, including liquefied natural gas (“LNG”) import facilities, the FERC has created procedures to coordinate the various agencies’ sometimes-overlapping reviews, they state in the article.
In a case recently heard by the U.S. Court of Appeals for the D.C. Circuit, however, a state directly challenged the legality of the FERC’s framework.
Because the case involved an issue of significance to infrastructure developers, it had been closely watched by industry observers. The court’s dismissal of the case on jurisdictional grounds, however, leaves the issue to be decided in a different case, perhaps by a different court,Cook and White write.
The complete article is available here.
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