United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 17-1098 September Term, 2019
FERC-CP15-138-000
FERC-CP15-138-001
FERC-CP15-138-003
FERC-CP15-138-004
FERC-CP17-212-000
Filed On: December 5, 2019
Allegheny Defense Project, et al.,
Petitioners
v.
Federal Energy Regulatory Commission,
Respondent
------------------------------
Anadarko Energy Services Company, et al.,
Intervenors
------------------------------
Consolidated with 17-1128, 17-1263, 18-1030
BEFORE: Garland, Chief Judge, and Henderson, Rogers, Tatel, Griffith,
Srinivasan, Millett, Pillard, Wilkins, Katsas, and Rao, Circuit Judges
ORDER
Upon consideration of the petition for rehearing en banc filed by Hilltop Hollow
Limited Partnership, Hilltop Hollow Limited Partnership, LLC, and Stephen D. Hoffman,
the responses thereto, and the vote in favor of the petition by a majority of the judges
eligible to participate, it is
ORDERED that the petition be granted. These consolidated cases will be
reheard by the court sitting en banc. It is
FURTHER ORDERED that the court’s judgment filed August 2, 2019, be
vacated. It is
FURTHER ORDERED that the oral argument before the en banc court be heard
on Tuesday, March 31, 2020 at 9:30 a.m. It is
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 17-1098 September Term, 2019
FURTHER ORDERED that, in addition to filing briefs electronically, the parties
file 30 paper copies of each of the briefs and the appendix, in accordance with the
following schedule:
Joint brief for petitioners January 10, 2020
Appendix January 10, 2020
Brief for respondent February 10, 2020
Joint brief for intervenors
supporting respondent February 10, 2020
Joint reply brief for petitioners March 2, 2020
The parties are directed to address in their briefs the issues raised in Section II,
Part C of the opinion and in the concurring opinion, including whether the Natural Gas
Act, and specifically 15 U.S.C. § 717r(a), authorizes the Federal Energy Regulatory
Commission to issue tolling orders that extend the statutory 30-day period for
Commission action on an application for rehearing.
To enhance the clarity of their briefs, the parties are urged to limit the use of
abbreviations, including acronyms. While acronyms may be used for entities and
statutes with widely recognized initials, briefs should not contain acronyms that are not
widely known. See D.C. Circuit Handbook of Practice and Internal Procedures 41
(2018); Notice Regarding Use of Acronyms (D.C. Cir. Jan. 26, 2010).
Parties are strongly encouraged to hand deliver the paper copies of their briefs to
the Clerk's office on the date due. Filing by mail may delay the processing of the brief.
Additionally, counsel are reminded that if filing by mail, they must use a class of mail
that is at least as expeditious as first-class mail. See Fed. R. App. P. 25(a). All briefs
and appendices must contain the date that the case is scheduled for oral argument at
the top of the cover. See D.C. Cir. Rule 28(a)(8).
Because the briefing schedule is keyed to the date of argument, the court will
grant requests for extension of time limits only for extraordinarily compelling reasons.
The briefs and appendix must contain the date that the case is scheduled for oral
argument at the top of the cover. See D.C. Cir. Rule 28(a)(8).
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United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 17-1098 September Term, 2019
A separate order will issue regarding allocation of oral argument time.
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Michael C. McGrail
Deputy Clerk
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