Litigation & Appellate Review Practice
Issue Alerts
Supreme Court Holds Mobile-Sierra Doctrine's Public Interest Standard Applies To Third Party Challenges
Howard Shapiro, Gary Bachman, Patrick DaughertyJanuary 20, 2010
In an 8-1 decision, the Supreme Court has ruled that the Mobile-Sierra doctrine applies to third party challenges to negotiated contract rates under the Federal Power Act and the Natural Gas Act.
Court Dismisses State Challenge to FERC Environmental Conditions
Bob ChristinMarch 17, 2009
The U.S. Court of Appeals for the D.C. Circuit dismissed for lack of standing a petition by the Delaware Department of Natural Resources and Environmental Control challenging orders by the Federal Energy Regulatory Commission that conditionally approved an application by Crown Landing LLC under the Natural Gas Act to site, construct and operate a liquefied natural gas terminal at the mouth of the Delaware River.
Texas State Court of Appeals Rules that Natural Gas Stored in FERC-Regulated Storage Facilities Constitutes Goods in Interstate Commerce that are Shielded by the Commerce Clause from Ad Valorem Property Taxes
Howard Shapiro, Meaghan CurrySeptember 26, 2008
The Court of Appeals of the Sixth Appellate District of Texas has ruled that natural gas stored in a FERC-jurisdictional storage facility is being transported in interstate commerce, and thus cannot be subject to a local tax.
Supreme Court Clarifies the Mobile-Sierra Doctrine’s Public Interest Standard
Howard Shapiro, Emily PitlickJuly 1, 2008
The Supreme Court has clarified the Mobile-Sierra doctrine’s public interest standard in cases involving negotiated contracts challenged under the “just and reasonable” standards of sections 205 and 206 of the Federal Power Act. Morgan Stanley Capital Group, Inc. v. Public Utility District No. 1, No. 06-1457.
DC Circuit Reconfirms FERC’s Remedial Discretion
Howard Shapiro, Emily PitlickDecember 21, 2007
The U.S. Court of Appeals for the District of Columbia Circuit has strongly reconfirmed the enforcement and remedial discretion of the Federal Energy Regulatory Commission (“FERC”) in its decision, Consolidated Edison Co. of New York v. FERC. No. 06-1025, (D.C. Cir. Dec. 18, 2007). The court reemphasized that on judicial review it must defer to FERC’s reasonably explained decisions because “agency discretion is at its zenith” when the agency is fashioning remedies.
Seminars & Events
American Gas Association's Legal Forum
Grand Geneva, Lake Geneva, WIJuly 11, 2010
Lisa Epifani is speaking at this event. Susan Olenchuk, Rich Bonnifield, and Paul Korman are attending. Van Ness Feldman is a Gold Patron sponsor.
American Gas Association's Executive Conference
Kingsmill Resort & Conference Center, Williamsburg, VASeptember 13, 2009
Susan Olenchuk is attending this event. Van Ness Feldman is a sponsor.