Sad Day: Federal Court Strikes Down FERC’s Use of Tolling Orders

Yesterday the U.S. Court of Appeals for the District of Columbia (DC Circuit) handed down a decision that was expected, but sad nonetheless. The court told the Federal Energy Regulatory Commission (FERC) it can no longer use “tolling orders” to stretch out the time to respond to a “rehearing” request when a FERC decision has been challenged. It sounds complicated. The simple version is FERC no longer has the ability to prevent anti-fossil fuel Big Green groups (with loads of money) from challenging each and every pipeline decision FERC makes in court, tying up those decisions for years at a time. Antis now have free rein to game the system and shut down new pipelines from getting built.

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