No. 24-1262

RDFS, LLC v. Federal Energy Regulatory Commission, et al.

Lower Court: Fourth Circuit
Docketed: 2025-06-10
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: administrative-law agency-authority certificate-issuance judicial-review natural-gas-act statutory-interpretation
Key Terms:
AdministrativeLaw Takings DueProcess FifthAmendment
Latest Conference: 2025-10-10 (distributed 2 times)
Question Presented (AI Summary)

Whether a court of appeals may defer to FERC on the threshold question of FERC's authority to issue blanket certificates without determining the legality of the agency's asserted power, and whether the NGA permits FERC to issue perpetual, geographically unlimited blanket certificates that cannot be challenged after the statutory thirty-day rehearing deadline

Question Presented (OCR Extract)

are: 1. Whether a court of appeals may defer to FERC on the threshold question of FERC’s authority to issue blanket certificates without determining the legality of the agency’s asserted power ? 2. Whether the NGA , 15 U.S.C. § 717 et seq. , and the Constitution permit FERC to issue blanket certificates under 18 C.F.R. § 157.201 et seq. which never expire, are unlimited in geographic scope, and — according to FERC —may not be challenged after the statutory thirty -day rehearing deadline, irrespective of future condemnations that may occur decades or centuries after the date of the original grant ?

Docket Entries

2025-10-14
Petition DENIED.
2025-09-24
DISTRIBUTED for Conference of 10/10/2025.
2025-09-22
Reply of petitioner RDFS, LLC filed. (Distributed)
2025-09-22
2025-09-10
Brief of Federal Energy Regulatory Commission in opposition filed.
2025-09-10
Brief of respondent Columbia Gas Transmission, LLC in opposition filed.
2025-09-10
Brief of respondent Columbia Gas Transmission LLC in opposition filed.
2025-09-10
Brief of Columbia Gas Transmission LLC in opposition submitted.
2025-09-10
Brief of respondents Federal Respondents in opposition filed.
2025-07-30
Motion to extend the time to file a response is granted and the time is extended to and including September 10, 2025.
2025-07-30
Motion to extend the time to file a response is granted and the time is extended to and including September 10, 2025, for all respondents.
2025-07-30
Motion of Columbia Gas Transmission LLC for an extension of time submitted.
2025-07-29
Motion to extend the time to file a response from August 11, 2025 to September 10, 2025, submitted to The Clerk.
2025-07-29
Motion of Federal Respondents for an extension of time submitted.
2025-07-11
Response Requested. (Due August 11, 2025)
2025-06-17
DISTRIBUTED for Conference of 9/29/2025.
2025-06-13
Waiver of right of respondent Federal Respondents to respond filed.
2025-06-13
Waiver of Federal Respondents of right to respond submitted.
2025-06-06
Petition for a writ of certiorari filed. (Response due July 10, 2025)
2025-04-01
Application (24A935) granted by The Chief Justice extending the time to file until June 7, 2025.
2025-03-26
Application (24A935) to extend the time to file a petition for a writ of certiorari from April 8, 2025 to June 7, 2025, submitted to The Chief Justice.

Attorneys

Columbia Gas Transmission LLC
Colin Emmet WrableyReed Smith LLP, Respondent
Colin Emmet WrableyReed Smith LLP, Respondent
Federal Respondents
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent
RDFS, LLC
Joy Melina Diaz LlagunoHook & Hook PLLC, Petitioner
Joy Melina Diaz LlagunoHook & Hook PLLC, Petitioner
Matthew Ryan MillerHook & Hook PLLC, Petitioner
Matthew Ryan MillerHook & Hook PLLC, Petitioner