Oregon Ex Rel. Department of Environmental Quality v. Federal Energy Regulatory Commission, 636 F.3d 1203

FERC issued a September 18, 2008 order authorizing Bradwood Landing LNG terminal under NGA § 3 and a CPCN for a companion NorthernStar natural gas pipeline under NGA § 7, with related blanket certificates.
Project would traverse Oregon and Washington; the two authorizations and permits were treated as a single project for planning purposes.
After briefing, Bradwood and NorthernStar filed for Chapter 7 bankruptcy on May 4, 2010, raising questions about continuing the project.
Washington denied CWA certification and Oregon objected under CZMA in 2010 due to lack of information and inconsistent land-use compliance.
In November 2010, BL Credit Holdings purchased Bradwood’s permits and IP at a foreclosure auction, altering ownership of project assets.
The petitioners challenged FERC’s 2008 order in 2009-2010; the court found the case moot because the project could not realistically be revived given bankruptcy and regulatory noncompliance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the case is moot	Oregon/Washington argue ongoing effects and future revival risk.	FERC order could still be revived despite events.	Case is moot; no live controversy.
Appropriate remedy for moot agency order	Court should review merits despite mootness.	Dismissal with vacatur of the order is proper.	Order vacated and petition dismissed.

Ctr. for Biological Diversity v. Lohn, 511 F.3d 960 (9th Cir. 2007) (mootness when future project unlikely)
Headwaters, Inc. v. Bureau of Land Mgmt., 893 F.2d 1012 (9th Cir. 1989) (threatened injury too remote to maintain controversy)
Hall v. Beals, 396 U.S. 45 (1969) (standing and mootness principles in advisory opinions)
DeFunis v. Odegaard, 416 U.S. 312 (1974) (mootness limits; live controversy requirement)
A.L. Mechling Barge Lines, Inc. v. United States, 368 U.S. 324 (1961) (vacatur as appropriate remedy when agency action moot)