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DC17-1236SierraClubOpposition

auto-generated 21-Apr-2021

ORAL ARGUMENT HAS NOT BEEN SCHEDULED In the United States Court of Appeals for the District of Columbia Circuit Nos. 17-1236 & 17-1240 (consolidated) __________ SIERRA CLUB, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. __________ ON PETITIONS FOR REVIEW OF ORDERS OF THE FEDERAL ENERGY REGULATORY COMMISSION __________ RESPONDENT S OPPOSITION TO EMERGENCY MOTION FOR STAY AND TO EMERGENCY PETITION UNDER ALL WRITS ACT __________ November 16, 2017 James P. Danly General Counsel Ro

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petition to this court stay a different pipeline policy and the commission gas in the public order in this case statement and the certificate orders of the federal stay of the project gas that the pipelines

Sources: IHS Markit

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Type: Industry Standards

Priority/ Function Areas: Business & Industrial

Sectors/ Fields of Life: Economy-wide

People/ Roles: Manufacturers Organizations Multi-Nationals Public Companies Private Corporations

Categories: action ................................................................. impact riverkeeper nexus environmental network order effects interest request nicholas project court transmission certificate deny sierra ............................................................ emission greenhouse extraordinary estimate downstream agency natural issue commission pipeline alternative gladd

Profiles: the agency all risk the movant the holder eis project that outcome this commission a statement the need this court the harm it views solicitor attorney the convenience a petition the court this value the secretary club request a party the direction mot argument it estimate the action the applicant the use such outcome the stay the injury the filing the grant a stay i club that requests cir quotation 717r language it request a request cir concern sierra club it review any impacts this case the pipelines a certificate the project this motion the production the investment the order u club another certificate the requirements the act this assertions a commission the remedy any unfairness feb table cir review the commission the statement it use p nexus the presumption the effects the interest

Goals: address raised matters circumvent finality principles burn natural gas review final orders evaluate additional effect conduct detailed review evaluate wide range take former approach reach same conclusion stay different pipeline use accepted methodology rehear tolling orders reject halt efforts review written comments outweigh adverse impacts establish irreparable injury determine conservative estimate authorize transmission llc require detailed assessment issue addressing order execute supply agreements satisfy normal requirements treat tolling orders reject design alternatives establish justifying circumstances give quantitative estimate avoid mitigate minimize expand existing system meet independent requirement inform consistent order obtain extraordinary club take requisite look develop factual record substitute own earthreports see defense project require explanation quantification upset interest balance establish strong showing implement mandatory conditions find strong showing ignore own policy pending motion petition offer same focus authorize gas co reach different decision address climatological effects use particular tool mitigate environmental impacts adopt percent change satisfy gas act permit administrative agency demonstrate substantial case deny stop injunction use restoration measures issue procedural order frustrate tolling order promote public interest clear environmental statement deny proceeding motion afford consider time make authorization contingent represent upper bound ignore mitigation measures deny similar motion connect carbon emissions address potential impacts make route changes establish obtain violation issue environmental statement justify extraordinary remedy consider including views serve public interest present legitimate reason use construction techniques consider proposed project make final decision issue final order meet growing demand request contemplated rehearing demonstrate thorough analysis balance competing claims satisfy stringent requirements resolve rehearing requests address raises issues decline petitioner invitation violate gas act satisfy environmental conditions injure consider parties eliminate considered impacts eliminate addressed impacts adopt route variations reject emergency motion decide stay request design gas act balance public benefits operate pipeline project analyze proposed project represent significant overestimation

Measures: same focus prone soils strong showing club decision environmental statement emission effect percent change major alternatives downstream climate judicial discretion captive ratepayers engineer issues injunctive relief aboveground facility interstate pipeline dependent discretion fuelfired generating proper measures serious effect relevant agencies certificate holder 16th day minisink residents subscribe capacity certificate orders immediate impacts far consideration substantial benefits environmental resources final decision final action oral comments new font equitable relief substantial harm adverse consequences predictable order pipeline construction public interest several movants challenge order past years exist system temporary order unsubscribed capacity clear need public consequences normal requirements nexus project authorization contingent particular tool wide range interest balance public convenience presumptive guardian mandatory conditions alternative system pending stay thorough analysis powerplant emissions forego reasons agency discretion relevant proceedings agency rehearing pipeline project interstate grid mitigation measures additional time potential consequences exist facilities generic downstream emergency requests environmental mitigation judicial deference additional capacity own policy downstream usage irreparable injury internal number limit purpose commissionissued certificate exist customers significant overestimation third certificate direct emissions climatological effects bad faith final agency total dekatherms new sources adverse effect final order residential customers legitimate reason bedrock principles natural gas adverse impacts environmental impact necessary conditions extraordinary circumstances conditional certificates extensive analysis terse treatment ferc orders judicial intervention public meetings financial losses preliminary injunction total capacity interest persons requisite look propose project commission policy environmental concerns climate assessment stream crossings different pipeline former approach recentlyfiled requests nexus pipeline environmental policy freestand requirement commercial customers accept methodology longterm effects administrative agency interest parties supra p original design substantial evidence interstate sale nexus docket emergency motion design alternatives different decision adverse impact procedural order final orders indirect effect lengthy statement firm service aesthetic interests additional effect last week comprehensive statement tribal utility ferc order environmental conditions special techniques consolidate certificate natural pipeline stay request soil compaction particular case continue effect fossil facilities environmental review conditional certificate nken holder supply agreements merit issues similar motion potential alternatives upper bound same conclusion nexus proposal different means judicial review oral argument independent requirement environmental quality eminent domain nonfinal order irreparable harm permanent rightofway same order toll order nexus system maximum capacity captive customers near future similar efforts electronic case conservative estimate detail assessment statutorilyprescribed remedy applicable regulations viable alternative collect cases construction techniques downstream emissions compete values much weight wi gas forested lands mere days mature trees downstream effects rehear request important alternatives same organization high degree only orders write comments own earthreports route variations significant impact restoration measures administrative action significant levels current policy thorough consideration hard look public benefits detail review longterm contracts potential impacts crucial factor quantitative estimate minimum ferc rehear requests myersville citizens protect interest minimal impacts particular regard minor route detail discussion carbon emissions environmental impacts changerelated considerations harm gas extraordinary relief public need compete claims numerous conditions administrative cases very text midwestern markets permanent conversion pending motions grow demand thansignificant levels such relief similar objections exist rightsofway judgment earthreports finality principles reasonable alternative eventual regrowth federal respondent local companies numerous issues regulatory statutes new facilities unsuccessful motion substantial case nexus shippers recent decision such imminence upstream production indirect adorers factual record certificate order consistent order far requirement substantial interest many others final statement longterm agreements extraordinary remedy valuation tool piecemeal appeals property interest administrative order consistent review toll orders route changes request relief discrete elements recreational interests ga act adverse effects stringent requirements

Actions: create action substantiate claim conjure finality rehear orders pending petition site percent make changes evaluate range see f3d address impacts see myersville eliminate impacts apply expertise provide gas quote bennett meet increase outweigh impacts balance claims authorize court use rightsofway stay order reject efforts quantify emissions see 17 lease some contradict assertions seek intervention include requirement decide request ask commission file petition pay regard establish injury focus determination require more review comments inform order halt project require approval use methodology obtain club intend review harm holder see project reach decision underlie motion satisfy act provide proof offer focus halt effectiveness mark consummation ask court mitigate impacts substitute judgment design act see council address matters ignore onehalf use techniques allege harm implement conditions establish violation avoid appeals jeopardize availability require agency deny this see eg balance benefits stop pipeline authorize llc minimize impacts authorize lp provide dekatherms serve interest use see enjoin certificate generate facilities cite bureau require quantification find need deny stay impact acres stay project cite winter proceed club give treatment avoid minimize disturb property note demand involve administration ignore array stop construction discuss measures upset balance see order require assessment use word obtain relief stretch club stay pipeline omit 8 pending al provide discussion demonstrate case displace fuels represent overestimation give estimate clear statement frustrate order see holder make decision issue statement assess effects conduct review ignore policy permit agency circumvent principles mitigate compaction raise issues afford agency promote f2d reduce effects justify request adopt change address effects substitute earthreports minimize effects contradict s prevent gas establish circumstances present reason deny stays take action consider alternatives represent bound omit stay use tool see app evaluate effect provide remedy decline invitation displace gas consider effect supply gas establish showing address issues misunderstand policy analyze project authorize co justify remedy promote interest construct facilities give notice take ie imperil project use percent earthreports f3d operate project favor stay require ferc recover costs obtain easements seek relief insulate themselves determine that concern issuance delay project see citizens injure parties cite us pass costs execute agreements review orders demonstrate analysis treat orders grant certificate meet demands appeal party contain words cite declarations deny requests violate nepa reach conclusion consider project afford time satisfy requirements use measures consider comments resolve requests extend time injure lack satisfy conditions consider all frustrate objectives demonstrate injury transport gas address three act cases make that provide notice consider requests serve foregoing find showing regulate sale pending project evidence faith demonstrate likelihood take approach establish 1 develop record burn gas find benefits address concerns meet requirement deny motion see pp resolve issues underlie club reject motion asses need establish claim develop estimates require commission pending s take look reject arguments adopt variations give weight expand system undermine validity make contingent meet demand add capacity see 717rc see p deny injunction issue certificates issue order ignore measures determine estimate determine type violate act find nexus entrust ferc estimate amount toll period affirm review create impacts explain discretion show likelihood request rehearing rehear 717ra render order reject alternatives vacate orders charge ferc pending certificate rehear it connect emissions find impact stream crossings file letters consider views

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