Pipeline Isn’t ‘Run Of The Mill’ Domain Case, D.C. Circ. Told

Pipeline Isn’t ‘Run Of The Mill’ Domain Case, D.C. Circ. Told

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Law360 (August 11, 2021, 7:41 PM EDT) — An Ohio city urged the Fifth Circuit on Tuesday to reject the Federal Energy Regulatory Commission’s decision to grant the developer of a $2.1 billion natural gas pipeline eminent domain authority, arguing that the matter isn’t simply a “run of the mill” case under the Natural Gas Act.

Oberlin, Ohio, said that because Nexus Gas Transmission LLC’s pipeline exports much of its product to Canada, FERC can’t justify its approval under Section 7 of the Natural Gas Act, which weighs the public interest of a project.

“The commission still has not offered an adequate, rational explanation because none exists: Reliance on…

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