Transwestern Pipeline Company v. 17.19 Acres of Property

I. Background

Transwestern owns and operates natural gas pipelines serv- ing much of the Southwest. Following the review of its appli- cation and completion of public hearings, the Federal Energy Regulatory Commission (FERC) issued a Certificate of Public Convenience and Necessity (the Certificate) approving Trans- western’s proposed construction and expansion of a natural gas pipeline to meet the demands of a growing Phoenix mar- TRANSWESTERN PIPELINE v. 17.19 ACRES OF PROPERTY 16285 ket. The Certificate provided that Transwestern was to com- plete the construction within one year of issuance, or by November 15, 2008.

Several property owners affected by the Certificate, most prominently the Town of Buckeye, Arizona, opposed the Cer- tificate’s issuance and filed a petition for rehearing of the Cer- tificate with FERC. The petition alleged insufficient process in approving the Certificate and requested that the proposed pipeline route bypass a number of master planned communi- ties. FERC denied the petition for rehearing, see 2008 WL 461054 (F.E.R.C.) and, pursuant to the process outlined by the Natural Gas Act (NGA), several petitioners appealed the denial to the D.C.…