D.C. Circuit Rejects Challenges Alleging FERC Due Process Violations

On July 10, 2018, the U.S. Court of Appeals for the D.C. Circuit ("D.C. Circuit") rejected the Delaware Riverkeeper Network's and its director Maya van Rossum's (collectively, "Appellants") claim that FERC is incentivized to approve new natural-gas pipeline certificates in order to secure itself future funding sources. The D.C. Circuit also rejected Appellants' challenge to FERC's use of tolling orders to meet its statutory deadlines for taking action on rehearing applications.

In 2016, while FERC was reviewing PennEast Pipeline Company, LLC's ("PennEast") application to construct a 114-mile natural-gas pipeline running through Pennsylvania and New Jersey, Appellants filed a complaint in federal district court seeking declaratory relief against the Commission and its members ("Complaint"). The Complaint alleged that FERC's funding structure (i.e., fees assessed on regulated industries) creates structural bias, in violation of the Due Process Clause of the Fifth