On October 4, 2021, Spire STL Pipeline LLC requested the Supreme Court stay an order from the U.S. Court of Appeals for the District of Columbia Circuit shutting down the Spire STL pipeline.[1] The 65-mile pipeline runs from Illinois to the St. Louis, Missouri area to serve Spire Missouri customers. The pipeline has been operational since 2019 and is a rare case of federal courts vacating a pipeline’s service after it is operational. In June 2021, the D.C. Circuit vacated the pipeline’s certificate of public convenience and necessity, which was issued by the Federal Energy Regulatory Commission (FERC) in 2018. The court ruled that FERC had failed to adequately assess the need for the Spire pipeline. Following this, Spire obtained a temporary certificate from FERC in September 2021 to operate the pipeline until December 13, 2021, while regulators consider the next steps for the pipeline. On October 1, 2021, the D.C. Circuit declined Spire's request to delay its issue of a formal shutdown mandate on Oct. 8.

In its application for an emergency stay from the Supreme Court, Spire warned that shutting off the pipeline will lead to 400,000 St. Louis area customers experiencing extended loss of service when FERC's temporary permission expires this winter. Spire argued that there is no guarantee that FERC will keep the temporary certificate in place or offer an extension. The company’s application comes as it prepares for a broader Supreme Court challenge of the D.C. Circuit’s decision.

[1] https://www.supremecourt.gov/Search.aspx?FileName=/docket/docketfiles/html/public%5C21a56.html