know your rights when a ferc pipeline comes to your community

A “Wordle” of FERC’s Pipeline Regulations: Not much role for the public

The PlayersFERC reviews applications, prepares the EA/EIS and approves certificates for pipelines under the NGA

DOT issues and enforces pipeline safety standards.

States administer state laws as well as federal programs like CWA, CZMA

Counties & munis review & consult on impacts within their boundaries

NGOs consult on, and protect interests for which their group was formed

Landowners protect property

Preemption Issues: State/Local Action Preemption?

State implementing federal program No

State, county or muni implementing state/local permit program

NO, if compliance is condition of certificate, but YES if action conflicts with certificate or delays pipeline

State/local oversight of pipelinepost-certificate & enforcement of state law

NO, unless enforcement of standard directly conflicts w/certificate provision

State siting & zoning laws YES

State/local pipeline safety codesor standards

YES

State eminent domain laws NO if property is < $3000 or if pipeline chooses state court

FERC Pipeline Process Rule # 1: Opportunities for input narrow as parties move through the process.

FERC Pipeline Process Rule #2 :The squeaky wheel gets the grease.

FERC Pipeline Process Rule #3:

Know the rules and follow them

FERC Pipeline Process Rule #4:

Tell your own story...

FERC Pipeline Process Rule #4a:

…in your own words.

Which photo is a more compelling depiction of potential impacts and

surrounding environment?

Notice the number of trees that will be lost through ROW

expansion.

FERC Pipeline Process Rule #5:

Leverage your resources through technology and collaboration

FERC Pipeline Process Rule #6:

Don't Cry Wolf

FERC Pipeline Process Rule #7: Choose Your Battles

FERC Pipeline Process Rule #8:

Manage Expectations

Resources for Keeping Track of and Researching

the FERC Pipeline Process

e-CFR Online, http://ecfr.gpoaccess.gov/

Thank You!For more information, contact:

Carolyn ElefantLaw Offices of Carolyn Elefant

1629 K Street NW Ste. 300Washington D.C. 20006

202-297-6100