D.C. Circuit's Atlantic Sunrise stay creates uncertainty for pipeline developers

Late yesterday, the United States Court of Appeals for the District of Columbia Circuit issued an administrative stay of the Federal Energy Regulatory Commission’s (FERC) approval of Transcontinental Gas Pipe Line Company, LLC’s (Transco) Atlantic Sunrise Project (Project).  The one-paragraph order states that the stay is intended to give the court sufficient opportunity to consider an emergency motion for stay filed on October 30, 2017, by several environmental groups. The order disclaims that it is a ruling on the merits of the motion, but the court’s action is an unexpected development, and raises significant questions regarding its impact on the Project itself, and on future projects.

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