United States DC Circuit

A petition for review of an FERC order requiring petitioner to supplement reports prepared as part of a settlement agreement is granted and the order vacated where: 1) petitioner has standing to challenge the order; 2) the Mobile-Sierra doctrine unambiguously applies and FERC may modify the agreement only where the public interest requires it; and 3) FERC did not supply a reasoned and articulate basis for its claim of authority to modify the agreement under the Natural Gas Act.

Appellate Information

• Argued 02/15/2008
• Decided 07/25/2008
• Published 07/25/2008

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Catherine E. Stetson argued the cause for the petitioner.  J. Patrick Nevins, Jessica L. Ellsworth and Margaret H. Peters were on brief., Kenneth T. Maloney argued the cause for the intervenors.


• For Appellees:
  
• Holly E. Cafer, Attorney, Federal Energy Regulatory Commission, argued the cause for the respondent.  Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor, Federal Energy Regulatory Commission, were on brief.