United States DC Circuit

Energy producer unsuccessfully petitions for review of defendant's decision to permit a neighboring natural gas pipeline operator to expand its underground gas storage facility onto the producer's property. Defendant's orders are supported by substantial evidence and are neither arbitrary nor capricious.

Appellate Information

• Argued 11/20/2003
• Decided 01/13/2004
• Published 01/13/2004

Judges

• Before:  GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Edward W. Hengerer argued the cause and filed the briefs for petitioner., H. Christopher Bartolomucci argued the cause for intervenor.   On the brief were Kevin J. Lipson and Christopher A. Schindler.


• For Appellees:
  
• Laura J. Vallance, 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.