ELR Citation: 52 ELR 20122
No(s). 21-2898 (3d Cir. Nov 8, 2022)

The Third Circuit affirmed a lower court's dismissal of a religious group's challenge to FERC's approval of a natural gas pipeline along land owned by the group. The group argued that the use of its land to facilitate extraction, transportation, and use of fossil fuels violated its religious beliefs and practices, which were protected by the Religious Freedom and Restoration Act, and sought monetary damages after the pipeline's completion. The district court dismissed, concluding the group lacked subject matter jurisdiction in light of the Natural Gas Act's (NGA's) specific provisions addressing judicial review of FERC orders. The appellate court agreed, finding the group's failure to present its claims to FERC during the years-long administrative proceedings foreclosed its claim under the NGA's exclusive review framework. It affirmed the lower court's dismissal of the suit.