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United States Ninth Circuit


South Coast Air Quality Mgmt. Dist. v. FERC, 08-72265

In a petition for review of the Federal Energy Regulatory Commission's (FERC) order approving the construction of new facilities to allow for the northward flow of natural gas, the petition is denied where: 1) FERC's environmental impact statement contained a reasonably thorough discussion of the environmental impact of its actions, based on information then available to it; 2) the California Public Utility Commission's determination was the product of a lengthy decision making process subject to ample challenges by petitioner; and 3) the Clean Air Act did not require that FERC attempt to "leverage its legal authority to influence or control" state air quality issues.

Appellate Information

  • Decided 09/09/2010
  • Published 09/09/2010

Judges

  • Edward R. Korman

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Daniel P. Selmi, Holly E. Cafer

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