United States DC Circuit

Whether or not FERC could regulate an association comprised of municipalities as to proposed distribution of gas across state lines, FERC had indisputable authority to regulate a pipeline operator if its exemption under the Hinshaw Amendment to the Natural Gas Act is lost.

Appellate Information

• Argued 03/14/2003
• Decided 04/29/2003
• Published 04/29/2003

Judges

• Before:  SENTELLE, HENDERSON and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• J. Craig Smith argued the cause for the petitioner.   Scott M. Ellsworth and Charles F. Wheatley, Jr. were on brief., David S. Andersen and C. Scott Brown were on brief for the intervenor.


• For Appellees:
  
• Lona T. Perry, Attorney, Federal Energy Regulatory Commission, argued the cause for the respondent.  Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor, Federal Energy Regulatory Commission were on brief.  Larry D. Gasteiger, Attorney, Federal Energy Regulatory Commission, entered an appearance.