Gunpowder Riverkeeper v. Federal Energy Regulatory Commission
420 U.S. App. D.C. 162
| D.C. Cir. | 2015Background
- FERC issued a conditional certificate to Columbia Gas for extending a Maryland pipeline; Gunpowder Riverkeeper sought rehearing and then review; the certificate allowed eminent-domain power pending permits; MD state CWA certification had not yet been issued at the time of the challenge; Gunpowder asserted NEPA and CWA violations and that the NGA certificate violated the statutes; court addressed jurisdiction, zone-of-interests, and mootness; majority denied the petition for lack of standing under the NEPA/CWA zones of interest
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing of Gunpowder to challenge the certificate | Gunpowder members face imminent eminent-domain injury | Gunpowder lacks constitutional standing and association standing | Gunpowder has standing for imminent-domain injury and association standing for NEPA/CWA claims |
| Zone-of-interests under NEPA, CWA, NGA | Gunpowder's environmental harms fall within NEPA/CWA zones | Gunpowder's interests are monetary or outside zones | Gunpowder's alleged environmental interests fall outside NEPA and CWA zones; NGA zone also not satisfied for these claims |
| Mootness given Maryland's certification | State certification mootizes the NEPA/CWA challenges | NEPA/CWA challenges remain live independent of Maryland certification | NEPA/CWA challenges remain live; petition not moot because of ongoing environmental review concerns |
| NEPA and CWA merits challenges to conditional certificate | Conditional certificate violates NEPA/ CWA | Conditional certificate permissible; NEPA/ CWA analyses adequate | Petition denied on merits; court did not affirm NEPA/CWA violations |
Key Cases Cited
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (standing threshold; injury in fact required)
- Moreau v. FERC, 982 F.2d 556 (D.C. Cir. 1993) (landowner injury under NGA)
- ANR Pipeline Co. v. FERC, 205 F.3d 403 (D.C. Cir. 2000) (zone of interests when asserting NEPA claims)
- Lexmark Int'l, Inc. v. Static Control Components, Inc., 134 S. Ct. 1377 (2014) (zone-of-interests test; lenient approach applying to APA and NGA)
- Realty Income Trust v. Eckerd, 564 F.2d 447 (D.C. Cir. 1977) (environmental values zone; not monetary interests)
- White Stallion Energy Ctr., LLC v. EPA, 748 F.3d 1222 (D.C. Cir. 2014) (environmental-zone limits; monetary interests outside NEPA/CWA)
- Patchak v. Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, 132 S. Ct. 2199 (2012) (lenient zone-of-interests approach; benefits petitioner)
- City of Grapevine v. Department of Transportation, 17 F.3d 1502 (D.C. Cir. 1994) (upholding conditional approval when not committing funds)
- City of Tacoma v. FERC, 460 F.3d 53 (D.C. Cir. 2006) (section 401(a)(1) considerations; state certification impact)
- Sierra Club v. EPA, 292 F.3d 895 (D.C. Cir. 2002) (administrative record sufficiency for NEPA)