United States DC Circuit

Petitions challenging FERC's grant of a certificate of public convenience and necessity, for construction and operation of pipeline facilities, are dismissed for lack of jurisdiction, where petitioners rely on precedential effect within the Commission to assert injury.

Appellate Information

• Argued 11/01/2002
• Decided 12/17/2002
• Published 12/17/2002

Judges

• Before: RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Joshua L. Menter argued the cause for petitioners and supporting intervenors.   With him on the briefs were William T. Miller and James R. Choukas-Bradley.  L. Clifford Adams Jr. entered an appearance.


• For Appellees:
  
• Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.  Lona T. Perry and Monique L. Watson, Attorneys, entered appearances., Patrick B. Pope, R. David Hendrickson, Howard L. Nelson, Roy R. Robertson, Jr., Lyle D. Larson and Bridget E. Shahan were on the brief for intervenors Southern Natural Gas Company, et al., in support of respondent.  Daniel F. Collins and Donna J. Bailey entered appearances.