United States DC Circuit

In a petition for review of the Federal Energy Regulatory Commission's order certifying petitioner-shipper's capacity, the petition is dismissed for lack of jurisdiction where, because the shippers could not show an actual or imminent injury as a result of the challenged orders, they were not aggrieved pursuant to section 19(b) of the Natural Gas Act.

Appellate Information

• Argued 11/16/2009
• Decided 01/26/2010
• Published 01/26/2010

Judges

• Before HENDERSON, ROGERS and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John B. Rudolph argued the cause for petitioners. With him on the briefs was Timothy W. Bergin.


• For Appellees:
  
• Samuel Soopper, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were Thomas R. Sheets, General Counsel, Robert H. Solomon, Solicitor, and Kathrine L. Henry, Attorney., Carl M. Fink, Mark F. Sundback, Kenneth L. Wiseman, Jennifer L. Spina, and Lisa M. Purdy were on the brief for intervenor in support of respondent.