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Pace Environmental

Mikaela Gareeb, Jonathan Escobar Valencia, Grady Willard

White Plains, N.Y.

Issues

PLEASE NOTE: This problem has five issues and three parties.  Each party will be represented by two speakers who split the five issues. Expect to hear all six arguments at every practice beginning Mon 1/22.

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The Federal Energy Regulatory Commission (FERC) issued an order allowing Transnational Gas Pipelines, LLC (TGP) to construct the American Freedom Pipeline (AFP), a natural gas pipeline, subject to certain conditions managing greenhouse gas emissions.  TGP sought rehearing from FERC regarding the greenhouse gas conditions imposed in the order.  A religious organization owning land along the proposed route of the pipeline, the Holy Order of Mother Earth (HOME), also sought rehearing from FERC on several other issues.

FERC issued an order denying both petitions for rehearing and affirming the order as originally issued. Subsequently, both TGP and HOME filed these pending petitions in the Twelfth Circuit, seeking review of FERC's initial order and denial of rehearing. The petitions have been consolidated into this case.

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(I) Was FERC’s finding of public convenience and necessity for the AFP arbitrary and capricious or not supported by substantial evidence insofar as FERC found a project needed where 90% of the gas transported by that pipeline was for export.

  • FERC- Not arbitrary
  • HOME- Yes arbitrary
  • TGP- Not arbitrary

(II) Was FERC’s finding that the benefits from the AFP outweighed the environmental and social harms arbitrary and capricious?

  • FERC- No
  • HOME- Yes
  • TGP- No

(III) Was FERC’s decision to route the AFP over HOME property despite HOME’s religious objections in violation of Religious Freedom Restoration Act?

  • FERC- No
  • HOME- Yes
  • TGP- No

(IV) Were the greenhouse gas conditions imposed by FERC beyond FERC’s authority under the Natural Gas Act?

  • FERC- No
  • HOME- No
  • TGP- Yes

(V) Was FERC’s decision not to impose any greenhouse gas conditions addressing downstream and upstream greenhouse gas impacts arbitrary and capricious?

  • FERC- No
  • HOME- Yes
  • TGP- No

Coaches

Devin Goodman & Ylan Nguyen

Scheduling Contact

Devin Goodman (dagoodman@uclawsf.edu)

Comments

All practices will be held in person.

Check Box for problem, bench memo, and question bank.

Practices

Date and Time Location Judges
Wed. January 10th
7:00 PM - 9:00 PM 200-123 Arianna Metheny [7 more spots]
Tue. January 16th
7:00 PM - 9:00 PM 200-605 [8 more spots]
Wed. January 17th
7:15 PM - 9:15 PM 198 Baxter Adi Nair Donato Cipponeri Krystle Malixi Riley Doane [4 more spots]
Sat. January 20th
8:00 AM - 10:00 AM 333-203 [8 more spots]
Mon. January 22nd
6:30 PM - 8:30 PM 198 Specter Rachel Choi (Zoom) [7 more spots]
Tue. January 23rd
6:30 PM - 8:30 PM 333-204 [8 more spots]
Fri. January 26th
10:00 AM - 12:00 PM 333-201 Donato Cipponeri John Adamson [6 more spots]
Sun. January 28th
1:00 PM - 3:00 PM 198 Baxter Helen Nguyen (LRW 2) Jessica Epps Miranda Lockman Genevieve Fermin [4 more spots]
Mon. January 29th
6:30 PM - 8:30 PM 333-101 Karsyn Stewart Abby Ivancevich Maddie Thomas (via Zoom) [5 more spots]
Sat. February 3rd
7:45 AM - 9:15 AM 198 Specter [DRESS] Hanah Wyman Kathryn Bockman Bri Fluhrer Selin [4 more spots]
Mon. February 5th
6:30 PM - 8:30 PM 333-101 Maddie Thomas (via Zoom) [7 more spots]
Tue. February 6th
6:30 PM - 8:30 PM 333-204 Genevieve Fermin Maddie Thomas (via Zoom) Donato Cipponeri [5 more spots]
Sat. February 10th
5:00 PM - 6:30 PM 198-213 [FUN] Bri Fluhrer Genevieve Fermin [6 more spots]
Mon. February 12th
6:30 PM - 8:30 PM 333-201 Zackary Young Brian Weikel (likely Zoom) Miranda Lockman Karsyn [4 more spots]
Tue. February 13th
6:30 PM - 8:30 PM 333-204 Miranda Lockman [7 more spots]
Fri. February 16th
7:00 PM - 9:00 PM 200-122 Josh Verceles Bri Fluhrer [6 more spots]
Sun. February 18th
7:15 AM - 9:15 AM 200-122 Ray Basurto [7 more spots]
Mon. February 19th
11:00 AM - 1:00 PM 200-122 [SEND OFF] Kshitij Mehta Miranda Lockman Karsyn Stewart [5 more spots]