Tag Archives: mandate

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 →

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 →