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Natural resources

FERC's Unlawful Suspension of Pipeline Regulation Challenged by Environmental Groups

Strategic Insights

— 1 min read

A coalition of public interest groups, landowners, and fishermen has filed a challenge against the Federal Energy Regulatory Commission (FERC) over its decision to suspend its own regulations for construction of pipelines and Liquified Natural Gas (LNG) facilities. The Southern Environmental Law Center, joined by the Natural Resources Defense Council (NRDC), Sierra Club, and 30 other organizations, as well as six landowners and fishermen, argue that the suspension is unlawful and will harm communities and the environment.

Key Takeaways:

  • The challenge was filed in response to FERC's order suspending its own regulations, known as Order No. 871, which provides basic protections to communities and landowners.
  • The coalition argues that the suspension is unlawful and will allow gas companies to skirt regulations and build harmful, unnecessary fossil fuel infrastructure.
  • The regulation, finalized in 2021, was meant to prevent gas companies from recklessly seizing land or beginning construction before communities could challenge a FERC approval.
  • The groups are seeking a rehearing of the FERC order and calling on the agency to immediately rescind the unlawful suspension.
  • FERC is accused of attempting to jettison modest safeguards to protect the environment and landowners from unnecessary harm caused by constructing gas pipelines and LNG export terminals.
  • The groups argue that local ecosystems, landowners, and the health and safety of communities will suffer if the unlawful suspension remains in place.

Statistics:

  • 30 public interest and community organizations throughout the country have joined the challenge.
  • 6 landowners and fishermen are also part of the coalition.
  • The regulation in question, Order No. 871, was finalized in 2021 after several rounds of inquiry and public engagement.
  • The suspension will allow gas companies to avoid their own regulations for construction of pipelines and LNG facilities for at least a year.

Sources:

  • Southern Environmental Law Center (selc.org)
  • Natural Resources Defense Council (nrdc.org)
  • Sierra Club (sierraclub.org)

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