DC Circuit Upholds FERC Orders On Weymouth Compressor Station

In Fore River Residents Against the Compressor Station v. FERC,¹ decided on July 21, 2023, the U.S. Court of Appeals for the District of Columbia Circuit ended long-running litigation over the Federal Energy Regulatory Commission's (FERC or "Commission") approval of the Weymouth Compressor Station in Norfolk, Massachusetts. The Weymouth Compressor Station is part of the Algonquin Gas Transmission, LLC and Maritimes & Northeast Pipeline, L.L.C. Atlantic Bridge Project, which received a certificate under section 7 of the Natural Gas Act (NGA) from FERC in 2017 (Docket No. CP16-9).² In Fore River, the court found that the petitioners, local residents, municipalities, and an environmental organization lacked Article III standing to challenge two orders issued by FERC after the certificate issued (1) a December 26, 2018, delegated order granting Algonquin a two-year extension of time to construct the facilities (the "Extension Order")³ that was subsequently upheld by a full Commission order on February 21, 2020 (the "2020 Rehearing Order");⁴ and (2) a January 20, 2022, denial of rehearing (the "2022 Rehearing Order")⁵ of a September 24, 2020, order authorizing Algonquin to place the facilities in service (the...