FERC Defends Pipeline Tolling Orders, Pledges to Use Less Often

Big Green continues its fight to strip away the Federal Energy Regulatory Commission’s (FERC) right to use tolling orders when considering requests to “rehear” decisions to approve pipelines (see PA Big Green Supports Lawsuit to Gut FERC re Pipe Approvals). In an update on a court case Big Green is using to challenge FERC, a case involving Atlantic Sunrise Pipeline (in the PA Marcellus), FERC has told the U.S. Court of Appeals for the District of Columbia that (a) it properly used a tolling order in the case of Atlantic Sunrise, but (b) it promises not to use them so much in the future. Big Green is not, of course, is not happy (they never are).