Update 2018-11-15: Three more Georgia groups make 27: GARC, Ogeechee Riverkeeper, and SELC. Plus slides.
Scurrying to use its rubberstamp before a Commissioner departing leaves it tied 2:2, FERC once again rubberstamped multiple pipelines, this time three on a Friday plus an LNG export project, while neither its main online library nor its backup library yielded copies of the orders.
I found these four by googling:
- 164 FERC ¶ 61,099 Florida Southeast Connection, LLC Transcontinental Gas Pipe Line Company, Sabal Trail Transmission, Docket Nos. CP14-554-003, LLC CP15-16-004, LLC CP15-17-003, ORDER DENYING REHEARING, Issued August 10, 2018
- 164 FERC ¶ 61,098, PennEast Pipeline Company, LLC, Docket No. CP15-558-001, ORDER ON REHEARING, August 10, 2018.
- 164 FERC ¶ 61,100, Atlantic Coast Pipeline, LLC, Dominion Transmission, Inc., Atlantic Coast Pipeline, LLC, Piedmont Natural Gas Company, Inc., Docket Nos. CP15-554-002, CP15-555-001, CP15-556-001, Order on Rehearing, August 10 2018.
- 164 FERC ¶ 61,102, Dominion Energy Cove Point LNG, LP, Docket No. CP17-15-001, ORDER DENYING REHEARING, August 10, 2018.
Oh, wait, a mention of a docket number in a FERC agenda leads me to one more Friday rubberstamp, of a new Transco pipeline in New Jersey:
- 164 FERC ¶ 61,101, Transcontinental Gas Pipe Line Company, LLC, Docket No. CP17-490-000, ORDER ISSUING CERTIFICATE, August 10, 2018.
Commissioner Cheryl A. LaFleur dissented from Continue reading
FERC just rubberstamped three pipelines before Commissioner Robert Powelson exits next month. Yet Commissioners Glick and LaFleur are still complaining every time about lack of use of Social Cost of Carbon to account for Greenhouse Gases (GHG). Those dissents started after Sierra Club won against FERC and Sabal Trail in the DC District Court on just that subject; recently FERC and Sabal Trail declined to appeal to the Supreme Court, thus admitting the pipeline company and its permitter lost that case.
Commissioner Cheryl LaFleur spelled out the connection in her dissent on Spectra’s Texas-Louisiana Markets Project:
I believe the fact pattern presented in this case, a pipeline designed to serve a specific known downstream powerplant, falls squarely within the precedent of Sierra Club v. FERC.1 Given that the majority’s analysis here suffers from the same flaws as its decision on remand in Sabal Trail,2 I respectfully dissent.
Commissioner Richard Glick in his dissent on the same pipeline also explicitly cited Sierra Club v. FERC (Sabal Trail) and went further about the specific underlying laws FERC is shirking:
“Today, the Commission issues a certificate to Texas Eastern Transmission, LP to construct and operate the Texas Industrial Market Expansion Project and the Louisiana Market Expansion Project (Projects), concluding that the Projects are required by the public convenience and necessity.1 The Commission also finds that the Projects will not have a significant effect on the environment.2 In reaching these conclusions, the Commission maintains that it need not consider the harm caused by the Projects’ contribution to climate change. The Commission’s refusal to do so falls well short of our obligations under the Natural Gas Act (NGA)3 and the National Environmental Policy Act (NEPA).4 Because I disagree with these conclusions and believe the Commission cannot find that the Projects are in the public interest without first considering the significance of the Projects’ contribution to climate change,5 I dissent in part from the Commission’s action today.
And yes, he really wrote “shirk”: Continue reading
Just one day before FERC admitted Sierra Club won in D.C. District Court, and a week after Sabal Trail Sabal Trail lost a jury trial in the U.S. Middle District of Georgia in Valdosta, something else at FERC put pause to further pipeline and LNG export rubberstamps.
Ellen M. Gilmer, Rod Kuckro and Sam Mintz, E&& News, 2 July 2018, Powelson’s departure means fallout for pipelines, policies,
Photo: FERC, of Robert F. Powelson, via E&E News
Robert Powelson’s decision to exit the Federal Energy Regulatory Commission less than a year into his term could leave natural gas pipeline developers in the lurch and policy critics scrambling for how to approach the commission’s coming 2-2 partisan split.
That’s the consensus among Continue reading
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:
“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
Acquiring lands in a springshed is one of the best ways to protect springs and rivers, and a judge just said the Florida legislature can’t divert funds from that purpose of Florida Amendment 1, which was passed by 75% of the people of Florida.
St. Johns Riverkeeper, blog, 14 June 2018, Legal Victory for Conservation Lands,
On June 15, 2018, Florida Circuit Judge Charles Dodson ruled in favor of environmental organizations that the land conservation constitutional amendment overwhelmingly approved by voters in 2014 requires funding to be used for land acquisition, restoration and management, not for other purposes.
Earthjustice, Joe Litte of Florida Defenders of the Environment and the plaintiff organizations— Continue reading
What is FPL hiding in all that confidential and redacted material in a 117-page petition for approval of folding FPL’s Martin-Riviera Pipeline into Sabal Trail’s downstream Florida Southeast Connection (FSC)? This has been planned at least two years. on the excuse of lower rates for customers. Yet FPL redacted what FSC would charge and future cost projections, so FPL’s customers and the rest of the public affected by these unnecessary pipelines have no way of knowing what they would cost, and emergency responders can’t see what’s on this pipeline.
Indiantown to Riviera Beach, in FERC 20180309-5230, Docket CP18-108.
Eagle-eye WWALS member Janet Barrow spotted this Florida Public Service Commission (FPSC) Docket 20170231 (OPEN) — Petition for approval to transfer Martin- Riviera Lateral Pipeline to Florida Southeast Connection and implement associated rate adjustments, by Florida Power & Light Company.
FPSC let FPL redact most anything it wanted to, in Continue reading
Sabal Trail is already shut down, while the DC Circuit Court delays its mandate to shut it down.
This month 2018-03-01 – 2018-03-09: Graphs by WWALS from Sabal Trail’s own FERC-required Informational postings.
Here’s the problem:
Courts rarely block pipelines, even if regulators are found to have fallen short of the National Environmental Policy Act, and they have never halted a pipeline for inadequate climate review.
It’s long past time to get the clammy grip of fossil fuels off not only Congress and the agencies, but also off the courts.
WWALS joins Florida Sierra Club in asking you to this link push the Florida Fracking ban through to a vote:
Senate Bill 462— Advanced Well Stimulation Treatment by Senator Dana Young (R-Tampa)—has passed two committees and has one to go — but there are no more scheduled meetings. Its companion House Bill 237 by Rep. Kathleen Peters (R-Treasure Island) has not even been heard in its first committee.
But there’s still time — leadership can schedule more meetings or bring the bills to the floor for a vote.
Follow this link for a convenient form to send email to your Florida statehouse member.
Fracking and drilling associated with fracking for oil and natural gas poses a direct and immediate threat to the drinking water, air, food, health, wildlife, climate, and economy of communities across Florida….
What are the tenets of the coalition?Continue reading
Join veteran environmentalist Maya van Rossum at the Working Food Community Center in Gainesville as she discusses her new book, The Green Amendment: Securing our Right to a Healthy Environment, followed by Q&A and signing. Come out and meet Maya, pick up a copy of the book, and learn about the future of environmental advocacy.
When: 6-8 PM, Monday, March 26, 2018 (doors open 5:30 PM)
Working Food Community Center
219 NW 10th Avenue
Gainesville, FL 32601