Bohon v. Federal Energy Regulatory Commission
ELR Citation: 52 ELR 20071 No(s). 20-5203 (D.C. Cir. Jun 21, 2022)
The D.C. Circuit affirmed a district court's dismissal of landowners' challenge to FERC's authority to grant pipeline certificates. The landowners asked the district court to declare that Congress' delegation of authority to FERC was unconstitutional and that all past certificates were void, and sought an injunction preventing the Commission from issuing any certificates in the future. The district court dismissed the suit, finding that the Natural Gas Act's (NGA's) exclusive review process precluded its jurisdiction. The appellate court affirmed, finding that the NGA's special review scheme deprived district courts of jurisdiction to invalidate pipeline certificates.