FERC Voluntarily Ends the Use of Tolling Orders in Pipeline Cases

The Federal Energy Regulatory Commission (FERC) has just released a new “instant final rule” that, from what we can tell, pretty much does away with a concept called tolling orders when approving new pipeline projects. A tolling order has been an important tool for FERC in combating frivolous lawsuits filed against every single new pipeline project. A tolling order allows FERC to delay deciding on what is called a rehearing request. Antis can’t trot off to find their favorite Obama judge until FERC either performs a rehearing or rejects a rehearing request. Tolling orders delay that process, allowing pipeline projects to actually get built.

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