Carolyn Elefant makes a return appearance for Episode 53 of the Eminent Domain Podcast.  The D.C. Circuit issued its ruling in Alleghany Defense Fund v. FERC.  The Alleghany Defense Fund case considered the question of whether FERC can play "four corners" with the administrative review process to effectively moot a challenge to FERC approval.  The National Law Review explained the decision as one that "could radically disrupt and fundamentally alter the way [FERC] handles challenges to its orders."

Carolyn explains the decision of the D.C. Circuit which holds, among other rulings, that the Natural Gas Act (NGA) does not authorize FERC to issue “tolling orders” solely to prevent the expiration of the 30-day statutory period to act on requests for rehearing, which under the NGA results in the request for rehearing being “deemed denied.”