Court Rejects Law Suit Claiming FERC Bias Favors Pipelines A lawsuit claiming that the Federal Energy Regulatory Commission (FERC) is structurally bias in favor of approving natural gas pipelines has been dismissed by the U.S. District Court for the District of Columbia. The suit had been brought by the Delaware Riverkeepers Network, arguing that FERC’s funding structure left the agency fundamentally biased toward approving pipelines. The lawsuit focused partially on the PennEast pipeline project in Pennsylvania but also made a broader argument that FERC faces a “structural bias” because its budget is offset by fees and annual charges from natural gas companies. In her March 22 opinion. U.S. District Judge Tanya Chutkan said: Because the court finds there is no inherent structural bias or appearance of structural bias, Plaintiffs’ purported examples of actual bias, which Plaintiffs offer as “evidence of the Commission’s inherent bias” are not relevant to the court’s analysis. Allegations of actual bias cannot create structural bias where the court determines there is none. The Budget Act on its face does not create a FERC funding mechanism that creates unconstitutional bias for the basic reason that approval of pipeline projects does not increase FERC’s budget. Plaintiffs have not alleged facts upon which relief could be granted.
Only Two Weeks Remain to Comment on the ACP DEIS The April 6 deadline for commenting on the Draft Environmental Impact Statement (DEIS) for the Atlantic Coast Pipeline (ACP) is only 2 weeks away. Even if someone testified at one of the recent FERC comment sessions, they are urged to also file written comments, permitting them to provide more expansive views. To assist commenters, ABRA has prepared a guidance document: The Draft Environmental Impact Statement for the Atlantic Coast Pipeline: What is it? What’s in it? What you can do!
VOF Files Supplemental Comments With FERC The Virginia Outdoors Foundation (VOF) wrote the Federal Energy Regulatory Commission (FERC) on March 10 reiterating its concerns over the proposed crossing of 10 conservation easements held by the VOF, but also setting forth several recommended conditions that should be imposed should the Atlantic Coast Pipeline be approved by FERC. The VOF letter, noting that the FERC Draft Environmental Impact Statement referred to the proposed easement conversions as “minor,” commented: The VOF has consistently taken the position that construction, maintenance and operation of the interstate gas transmission line is inconsistent with the open space protections afforded 2 by the subject easements. Therefore, the construction, operation and maintenance of the ACP will constitute a conversion of the easement property as outlined in Va. Code § 10.1-1704. VOF has stated on many previous occasions that the impact is very significant and by no means “minor”.
Allegheny Blue Ridge Alliance (ABRA) | Daniel Shaffer/Lewis Freeman | Mar 22, 2017
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