know your rights when a ferc pipeline comes to your community
DESCRIPTION
Most landowners and communities do not realize that they can participate in the Federal Energy Regulatory Commission (FERC) process regarding certificates for natural gas pipelines. If you know and understand the rules, you can have your voice heard. This presentation explains how.TRANSCRIPT
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