The Second Circuit of the United States Court of Appeals upheld a FERC finding that a permit should be granted to the MARC natural pipeline.
In a highly contested environmental case, the Court simply could not reverse the fact finder’s decision as clearly incorrect.
The standard of review is an important issue, and is frequently not appropriately dealt with by those challenging FERC decisions.
FERC, which considers all applications for new interstate pipelines, received 22,000 comments on the MARC 1, with many expressing concern about environmental and safety impacts. The Environmental Protection Agency also worried about potential damage to the forest ecosystem, noting the pipeline will cross dozens of pristine waterways in an area popular with hikers, hunters and fishermen.