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· 7/9/2004

National Committee for the New River, Inc. v. Federal Energy Regulatory Commission

Citations

  • 373 F.3d 1323
  • 362 U.S. App. D.C. 276
  • 34 Envtl. L. Rep. (Envtl. Law Inst.) 20047
  • 58 ERC (BNA) 1839
  • 2004 U.S. App. LEXIS 14189
  • 2004 WL 1531943

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that new information did not “seriously change[] the environmental landscape” where the agency’s process for evaluating the environmental impact was “comprehensive”
  • noting that FERC had concluded that \there was ample market demand\ for a proposed natural-gas pipeline project because several shippers had already contracted for 87% of the project's capacity
  • noting that if “every aspect of [a] project were required to be finalized before any part of the project could move forward, it would be difficult, if not impossible, to construct the project”
  • rejecting petitioner's claim that satisfying the second factor, alone, is sufficient \to tip the balance in the four-factor test\
  • deferring to FERC's determination of insufficient control despite petitioner's argument that the project at issue was subject to numerous federal licensing requirements
  • explaining that a supplemental impact statement is “only required where new information provides a seriously different picture of the environmental landscape” (quoting City of Olmsted Falls v. Fed. Aviation Admin., 292 F.3d 261, 274 (D.C. Cir. 2002))

Source: CourtListener parenthetical corpus (CC0).

Judges: Sentelle, Rogers, Garland

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.