PennEast Update: Denial of challenge to FERC’s use of tolling orders does not stop on-going challeng e to Penn East Pipeline project

Update on challenge to PennEast Pipeline: In a separate case, Delaware Riverkeeper Network v FERC, USCA Case # 17-5084, the Third Circuit Court of Appeals has denied a facial challenge to the Federal Energy Regulatory Commission’s process in issuing tolling orders. While unfortunate for citizens — because FERC’s use of tolling orders limits important access to the courts — the ruling does not stop the on-going challenge to the proposed PennEast pipeline project.