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DC Circ. Backs FERC s Rejection Of Fla. Pipeline Dispute
Law360 (January 22, 2021, 8:33 PM EST) The D.C. Circuit on Friday upheld the Federal Energy Regulatory Commission s determination that it lacks jurisdiction over the transportation of jet fuel via a Kinder Morgan-owned pipeline from Tampa, Florida, to Orlando International Airport and thus cannot consider arguments from airlines that they re being overcharged. We easily reject the petition, wrote U.S. Circuit Judge Laurence H. Silberman in the 10-page opinion, in which the three-judge appellate panel agreed with FERC, and an administrative law judge before it, that the jet fuel moves intrastate through the Central Florida Pipeline because storage of the jet fuel and other activities conducted at a Tampa facility.
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The first months of the Supreme Court’s 2020 term have had an aura of fatigue: a nation gripped by the COVID-19 pandemic, a court adjusting to a new colleague and an unusually light caseload (to be argued by telephone). Despite all this, the Court will address a number of issues important to businesses, including bankruptcy, administrative law, personal jurisdiction and liability under the Alien Tort Statute. Perhaps the most elucidating aspect of this term will be the window it gives into how Justice Amy Coney Barrett will affect the direction of the Court.