A stone wall at the Otis State Forest in Sandisfield. Stone walls and 21 “ceremonial stone landscapes” will be deconstructed and reconstructed to make way for the Connecticut Expansion pipeline project. (Mary Serreze photo)
A Rhode Island Indian tribe opposing a Massachusetts pipeline claims the Federal Energy Regulatory Commission violated federal law last month when it allowed tree-cutting in the Otis State Forest for Kinder Morgan’s Connecticut Expansion project.
FERC violated the Historic Preservation Act by failing to meaningfully consult with the Narragansett Indian Tribal Historic Preservation Office around ceremonial stone landscapes, according to Anne Marie Garti, a lawyer for the tribe.
“This is a breach of FERC’s fiduciary duty to the Indian tribe,” wrote Garti.
FERC delayed study of stone structures within the state forest in Berkshire County until it was too late to pick an alternative route for the pipeline, the tribe claims.
Kinder Morgan subsidiary Tennessee Gas Pipeline Co. began cutting a four-mile swath through the forest soon after receiving an April 12 “notice to proceed” from FERC.
The company rejects any accusation that it failed to consult with the tribe, and maintains that the federal commission properly completed the tribal consultation process under Section 106 of the Historic Preservation Act.
The tribe on Tuesday petitioned FERC for a rehearing of the April 12 notice, saying it was issued in error.
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