I obtained a copy of the complaint in re: DRN v. FERC (2016):
http://TinyURL.com/DRNvFERCMar2016
Interesting reading for legal wonks.
The complaint revolves around a due process claim based on FERC's funding mechanism.
To show evidence of bias, it alleges:
QUOTE:
17) For example, since the funding mechanism was put in place: the Commission has approved 100 percent of the pipeline projects that it has voted on; the Commission has never issued civil penalty to a pipeline company for a violation of the environmental terms of its Certification; the Commission has never issued an Environmental Assessment finding potential significant impacts for a pipeline project necessitating further environmental review; the Commission has never granted a rehearing request to a non-industry party; the Commission has adopted biased policy objectives in favor of pipeline companies; and the Commission has left unfunded a Congressionally authorized Office designed to assist non-industry parties in participating in the Commission's administrative process.
ENDQUOTE
I did some research on the bit about the EA after I learned that many significant projects were being fast-tracked, no full EIS.
Including:
* Seneca Lake Methane Storage expansion
* Hancock Compressor
* Dominion New Market
* Minisink Compressor
* Cove Point LNG(!!!) 2.0 Million Tons per year in GHG emissions
* Trans-Pecos Pipeline(!!!) 142 mile 42' 1.4BCF through sensitive Big Bend ecosystem
The problem is, according to the NEPA guidance docs by the CEQ: after the EA scoping, there needs to be a determination of a "Finding of Significant Impact" (FOSI) -- which triggers a full EIS, or a "Finding of No Significant Impact" (FONSI), in which case the environmental review is done.
The problem is, FERC terminates the EA process with a FONSI... IN EVERY CASE!
This means that FERC is pre-deciding the EIS vs EA decision *prior to scoping*!
FERC admits this in their permit flow chart on their website!! And I also have a FERC rep (Paul Friedman) admitting this to me at a hearing. (I think I have video of this somewhere).
So why even bother with scoping at all then, if public comments are ignored?
See attached.
More:
http://williamahuston.blogspot.com/2014/10/fercs-illegal-abuse-of-nepa-ea-fast.html
This is a historic case. Feel free to share with other groups fighting FERC projects.
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May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)
May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)
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