An appeals court has tossed out environmental groups’ challenge to a natural gas pipeline in Puerto Rico that was built before receiving final approval from federal energy regulators.
The U.S. Court of Appeals for the District of Columbia Circuit said it lacked grounds to review the Federal Energy Regulatory Commission’s decision allowing NFEnergía to build the 220-foot pipeline to help stabilize the U.S. territory’s damaged electric grid without first obtaining a FERC permit.
Because FERC’s orders were an “unreviewable exercise of enforcement discretion, we deny the petition for review,” said Trump-appointed Judge Gregory Katsas, writing a brief opinion for the court.
Judge Brad Garcia, a Biden pick, joined the decision, along with Senior Judge Douglas Ginsburg, a Reagan appointee.
