D.C. Circuit Reaffirms FERC’s Conditioning of Crown Landing LNG Project on Authorization by Delaware
In dismissing the State of Delaware’s petition for review of FERC’s authorization of the Crown Landing LNG import project, the U.S. Court of Appeals for the District of Columbia Circuit reaffirmed FERC’s conditional order approving the project subject to certain environmental approvals by Delaware. The state had sought a rejection of Crown Landing’s application at FERC in light of Delaware’s refusal to grant the necessary permits and the Supreme Court’s decision last spring that resolved in Delaware’s favor a boundary dispute between New Jersey and Delaware regarding jurisdiction over part of the project site. The court found that Delaware lacked standing to seek review of FERC’s decision because the state has not suffered an injury-in-fact. The opinion is available in the PACER system [subscription required] under Docket No. 07-1007, and Today’s Sunbeam provides additional coverage.