Real Estate & Property Law

Oregon, others petition FERC to halt gas pipeline

By Alan Ackerman

Mail Tribune

The state of Oregon and the National Marine Fisheries Service filed separate petitions Tuesday for a new hearing with the Federal Energy Regulatory Commission in an attempt to stop construction of a liquefied natural gas import terminal in Coos Bay and a gas pipeline that would cross the upper Rogue River watershed.

They joined a coalition of local residents, environmental groups and fishermen who filed a similar petition on Saturday, asking FERC to reconsider its December approval of the terminal and 234-mile pipeline from Coos Bay to Malin near the California border.

In challenging FERC's decision, Gov. Ted Kulongoski and Attorney General John Kroger said the commission failed to meet standards set in the Federal Clean Water Act and the Coast Zone Management Act.

In addition, the decision failed to adequately consider the environmental impacts of the proposed project, much less the need or alternatives available, they said.
               

This is a serious situation.  The FERC provides great deference to utilities in its proposed paths.  However, opposition will present challenges to the utility.  It is possible this route will change to avoid certain condemnation actions.  Do not be surprised to see the eminent domain route change if there is a united opposition, which may include responsible government officials.

Full post as published by National Eminent Domain Blog on January 21, 2010 (boomark / email).