Tag Archives: SCOTUS

FERC and Sabal Trail admit Sierra Club won 2018-07-03

One week after losing a jury trial in the U.S. Middle District Court of Georgia, the Sabal Trail fracked methane pipeline and its purveyor of federal eminent domain, the Federal Energy Regulatory Commission (FERC), declined to appeal their huge DC District Court loss of last August.

Sierra Club, Press Release, 3 July 2018, Fracked Gas Pipeline Company and Federal Regulator Will Not Seek Supreme Court Review of Landmark Ruling: Existing Decision Means FERC Must Consider Downstream Greenhouse Gas Emissions,

WASHINGTON, D.C. — Neither the builders of the fracked gas Sabal Trail Pipeline nor the Federal Energy Regulatory Commission (FERC) will ask the Supreme Court to review a landmark ruling by the U.S. Court of Appeals for the District of Columbia Circuit from last year. That decision required FERC to consider the effects of downstream greenhouse gases when deciding whether to approve proposed pipelines that transport gas.

In response, Sierra Club Staff Attorney Elly Benson released the following statement:

Elly Benson, Sierra Club Attorney
Elly Benson, Sierra Club Staff Attorney

“We are glad to see FERC accept its responsibility to consider greenhouse gas emissions from burning transported gas at downstream power plants. These dirty, dangerous, and unnecessary pipelines pose a threat to our communities and climate. They should not be proposed, much less built, at a time when clean, renewable energy sources are abundant and affordable. We will continue to monitor the pipeline permitting process to ensure the law is followed.”

The pipeline industry press was not thrilled. Charlie Passut, Natural Gas Intelligence, 5 July 2018, FERC Declines to Appeal Landmark GHG Case to Supreme Court, Continue reading

EPA Clean Water Rule finalized

I still see EPA’s new Clean Water Rule as a good thing, since it protects drinking water, paddling, and fishing, while opponents remain quite vague about what might be wrong with it.

After last year’s comment period, U.S. EPA has posted a prepublication version of its final Clean Water Rule.

Katie Shepherd, L.A. Times, 27 May 2015, Under new EPA rule, Clean Water Act protections will cover all active tributaries, Continue reading

Proposed EPA Water rule

The U.S. Environmental Protection Agency proposes some new rules to clarify Clean Water Act protection. Some people and organizations have concerns about that, and the EPA has now responded to those concerns. Comment periods are still open for you to provide input directly to EPA about the proposed rule.

Here’s the EPA’s Waters of the United States Proposed Rule. EPA says clarification of the Clean Water Act was requested by a broad range of state, tribal, and local government agencies and elected officials and NGOs, ranging from AASHTO to the National Association of State Foresters. One of the two examples EPA cites of state enforcement problems is on the Flint River in Georgia:

Recreation in Lake Blackshear, Georgia

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