United States DC Circuit

In a petition for review of FERC's decision to lift a stay of the four-year deadline for beginning construction at a site for which FERC had granted a permit, the petition is denied where Petitioner was not entitled to an indefinite extension of the stay and FERC's findings concerning the remaining hurdles to commencing construction were sufficient to support the denial of a further stay.

Appellate Information

• Argued 04/14/2009
• Decided 06/19/2009
• Published 06/19/2009

Judges

• Before:  SENTELLE, Chief Judge, ROGERS and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Joshua P. Thompson argued the cause for petitioner.   With him on the briefs were James S. Burling and Damien M. Schiff.


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