An appeals court appeared likely Thursday to uphold federal energy regulators’ limited jurisdiction over a proposed pipeline carrying Texas gas bound for a planned liquefied natural gas export facility in Mexico.
During oral arguments, the U.S. Court of Appeals for the District of Columbia Circuit appeared unswayed by claims that the Federal Energy Regulatory Commission improperly restricted its analysis of ONEOK’s Saguaro Connector pipeline to 1,000 feet of the project near the U.S.-Mexico border.
The judges pressed for clarity on what the Natural Gas Act said about FERC’s legal obligations to analyze the pipeline exporting gas.
“What is the test that we, FERC or whoever are supposed to apply?” asked Judge Patricia Millett, an Obama appointee. “There has to be some legal basis to say that FERC had to define the export facility longer,” she said, referring to the segment of the pipeline crossing the border.
