Vacatur of Critical Infrastructure Certificates Dangerous, APGA and Others Tell SCOTUS

By Renée Lani posted 13 days ago

  
On January 6, APGA joined other trade associations in supporting a request for the Supreme Court of the United States (SCOTUS) to review a recent court’s decision to vacate an operating natural gas pipeline’s certificate. The filing emphasized the dangers of a court vacating a Federal Energy Regulatory Commission (FERC) certificate for critical infrastructure that supplies natural gas to homes and businesses.

The amici brief supported the petition of Spire STL and Spire Missouri, who are seeking review of the D.C. Circuit’s decision to vacate Spire STL’s certificate.  Of note, signatories to the brief supported petitioners' argument that the D.C. Circuit did not appropriately consider the potentially disruptive consequences of vacating a pipeline's certificate and instead treated it as an afterthought when analyzing whether to shut down an operational pipeline.  If such consequences are not appropriately taken into account, the concern is that pipelines and LDCs will face greater challenges to providing reliable and affordable natural gas to American homes and businesses.

Other signatories to the filing were the American Gas Association (AGA), the Interstate Natural Gas Association of America (INGAA), and the National Association of Manufacturers (NAM).  Briefs in opposition are due shortly; then, SCOTUS will decide whether to review the matter.

A copy of amicus brief is available here.

For questions on this article, please contact Renée Lani of APGA staff by phone at 202-464-0836 or by email at rlani@apga.org.

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