Tag Archives: D.C. Circuit Court

Profit is not an emergency; Sabal Trail is crying wolf 2016-02-05

Profit is not an emergency, say landowners to FERC:

Sabal Trail hopes to cry wolf to get relief. No Emergency exists to warrant the relief they seek. No shortage or national energy crisis exists to warrant the relief that they seek.

Like WWALS and Sierra Club, GBA Associates point out the pipeline has been shut down much of the past six weeks. Like Sierra Club, the landowners cite federal law that requires at least thirty days after an Environmental Impact Statement (EIS) before issuing certificates, referring to the so-called Final Supplemental Environmental Impact Statement (FSEIS) FERC filed yesterday after the WWALS motion to deny the Applicants’ cry of wolf.

Attorney Jonathan P. Waters cuts to the chase:

As the Circuit Court stated, “All of these pipelines, of course, are being built for a reason: to make a profit for their shareholders, and their shareholders’ shareholders.” This is the fact driving the Sabal motion.

Style, Letter

Less than two weeks ago, Sabal Trail partner and thus Applicant for the so-called “emergency” relief, Spectra Energy’s new owner Enbridge Energy of Alberta, Canada, told its shareholders and the public in a Quarterly Earnings Call that Enbridge is “the leading developer and operator of wind, solar, and battery storage projects.” While praising solar and wind power at length, that Earnings Call mentioned Sabal Trail only once, yet managed to contradict the public record twice in that one sentence.

Clearly FERC would be doing a favor to Enbridge’s shareholders by Continue reading

EPA perfunctory Lack of Objections to FERC Sabal Trail DSEIS 2017-11-20

EPA doesn’t even remember when it sent its own greenhouse gas (GHG) comments to FERC, forgets that it already told FERC nevermind, and now says, despite copious evidence filed by Senators, professors, Riverkeepers, and environmental organizations from multiple states as far away as Colorado, that FERC’s incorrect and inadequate Draft Supplementary Environmental Impact Statemen (FSEIS) rates “Lack of Objections or “LO””.

EPA to FERC, Re: SMPP This latest EPA letter is dated November 20, 2017, but FERC didn’t inform intervenors about it until today, two weeks later. The EPA letter claims:

The EPA commented on the FEIS on January 25, 2016. In those comments the EPA provided several recommendations including that the FERC consider a detailed evaluation of greenhouse gas (GHG) emissions in future analyses.

Yet FERC’s Docket CP15-17 shows no comment by EPA in January 2016. It does show this same G. Alan Farmer, Director, Resource Conservation and Restoration Division, EPA, wrote a letter to FERC filed 1 December 2015 as Accession Number 20171201-0034 (see also WWALS blog post), in which he said nothing I can see about greenhouse gases, but he did basically say “nevermind” to EPA’s extensive letter of October 26, 2015, filed as Accession Number 0151102-0219 (clean text on the WWALS website), which October letter did include: Continue reading