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
Thank You!For more information, contact:
Carolyn ElefantLaw Offices of Carolyn Elefant
1629 K Street NW Ste. 300Washington D.C. 20006
202-297-6100
