No. 19-42

North Carolina Utilities Commission v. Federal Energy Regulatory Commission

Lower Court: District of Columbia
Docketed: 2019-07-05
Status: Denied
Type: Paid
Tags: article-iii article-iii-standing federal-agency-orders federal-energy-regulatory-commission natural-gas-act parens-patriae procedural-rights quasi-sovereign-interests standing state-litigant state-standing
Latest Conference: 2019-10-11
Question Presented (from Petition)

If a court of appeals finds a State litigant failed to demonstrate injury-in-fact that is traceable to the challenged action and redressable by the court, must it separately consider whether the State litigant has standing under Massachusetts to challenge orders by a federal agency that implicate the State's quasi-sovereign and parens patriae interests?

2. If a federal statute affords a State litigant procedural rights to challenge agency actions that affect the State's quasi-sovereign and parens patriae interests, do Massachusetts and Lujan v. Defenders of Wildlife, 504 U.S. 555, 572 n.7 (1992) require the State to demonstrate injury-in-fact that is traceable to the challenged action and redressable by the court in order to establish Article III standing?

Question Presented (AI Summary)

Whether a state litigant has standing to challenge FERC orders under Massachusetts v. EPA when a federal statute provides the state procedural rights to challenge the orders

Docket Entries

2019-10-15
Petition DENIED.
2019-09-18
DISTRIBUTED for Conference of 10/11/2019.
2019-09-17
Reply of petitioner North Carolina Utilities Commission filed.
2019-09-04
Brief of respondent Federal Energy Regulatory Commission in opposition filed.
2019-09-04
Brief of respondent Transcontinental Gas Pipe Line Company, LLC in opposition filed.
2019-08-05
Motion to extend the time to file a response is granted and the time is extended to and including September 4, 2019, for all respondents.
2019-08-02
Motion to extend the time to file a response is granted and the time is extended to and including September 4, 2019, for all respondents.
2019-08-02
Motion of respondent FERC to extend the time to file a response from August 5, 2019 to September 4, 2019, submitted to The Clerk.
2019-08-01
Motion of Transcontinental Gas Pipe Line Company, LLC, to extend the time to file a response from August 5, 2019 to September 4, 2019, submitted to The Clerk.
2019-07-02
Petition for a writ of certiorari filed. (Response due August 5, 2019)

Attorneys

Federal Energy Regulatory Commission
Noel J. FranciscoSolicitor General, Respondent
North Carolina Utilities Commission
Kathleen L. MazureDuncan & Allen, Petitioner
Transcontinental Gas Pipe Line Company, LLC
Michael Joseph ThompsonWright & Talisman, P.C., Respondent