FERC's Unlawful Suspension of Pipeline and LNG Regs Challenged by Public Interest Groups

Strategic Insights -

A coalition of public interest groups, landowners, and fishermen have filed a challenge to the Federal Energy Regulatory Commission (FERC) 'waiver order' that allows FERC to skirt its own regulations for the construction of pipelines and Liquified Natural Gas (LNG) facilities. The challenge, filed by the Southern Environmental Law Center (SELC), the Natural Resources Defense Council (NRDC), and 30 other public interest and community organizations, argues that FERC's order suspending its own regulation (Order No. 871) is unlawful and will cause irreversible harm to communities and the environment.

Key Takeaways:

  • The challenge was filed by a coalition of 31 public interest groups, landowners, and fishermen, including SELC, NRDC, and Sierra Club.
  • FERC issued an order suspending its own regulation (Order No. 871) for a year, citing an "energy emergency" as a baseless excuse.
  • Order No. 871 provides basic protections to communities and landowners by temporarily pausing the authorization of construction of methane gas pipelines or LNG export facilities until the Commission completes its agency review of a pending challenge.
  • The pipeline and LNG projects will cause irreversible land, community, and environmental impacts if they are allowed to proceed.
  • FERC is an independent agency tasked with protecting the public interest, but it has been criticized for serving as a rubberstamp for polluters.
  • The unlawful suspension of Order No. 871 will undermine FERC's integrity and harm communities and local ecosystems.

Statistics:

  • 31 public interest groups, landowners, and fishermen have filed the challenge against FERC's waiver order.
  • 30 public interest and community organizations have joined SELC and NRDC in the challenge.
  • FERC has suspended Order No. 871 for a year in an attempt to skirt its own regulations.
  • FERC has been tasked with protecting the public interest since its inception.

Sources:

  • FERC Order No. 871 (2021)
  • Southern Environmental Law Center (SELC)
  • Natural Resources Defense Council (NRDC)