On March 22, 2016, Carolyn Elefant presented a talk on FERC and Pipeline Overbuild at the Institute for Energy Economics and Financial Analysis (IEEFA) Energy Finance Training Program held at Columbia Law School. Here’s the slide deck from the presentation.
LOCE attorney Alexander English was recently quoted in two New England newspapers, The Berkshire Eagle and the New Haven Register regarding the recent filing of Notice of Intent to sue the Federal Energy Regulatory Commission (FERC) and Tennessee Gas on behalf of The Sandisfield Taxpayers Opposing the Pipeline (STOP).
Attorney English is quoted in the following excerpt from the article:
“The Sandisfield Taxpayers Opposing the Pipeline (STOP), has filed a ‘notice of intent’ to [FERC] and [Tennessee Gas Pipeline, LLC], a first step toward lawsuits to be filed at U.S. District Court in Springfield, according to Washington, D.C., attorney Alexander English….
‘In our view, if they undertake any work, including placement of construction equipment, without getting certification from Mass DEP under Section 401 of the Clean Water Act, they would be acting illegally,’ English said.”
LOCE Files Notice of Intent To Bring Suit Against FERC For Violations of the Clean Water Act on Behalf of STOP
On March 21, 2016, the Law Offices of Carolyn Elefant, PLLC, released a notice of intent to sue the Federal Energy Regulatory Commission (Commission) for violations of the Clean Water Act on behalf of the firm’s client, Sandisfield Taxpayers Opposing the Pipeline (STOP). A similar notice was filed against Tennessee Gas Pipeline. The notice of intent alleges that the Commission violated the Clean Water Act by issuing a certificate for the Connecticut Expansion Project No. 14-529 prior to obtaining a grant or waiver of a water quality certification from the state of Massachusetts as required by Section 401 of the Clean Water Act. Although FERC routinely issues certificates conditioned on future compliance with Section 401, this lawsuit represents the first time that FERC’s action has been directly challenged through the citizens’ suit provisions of the Clean Water Act rather than through under the Natural Gas Act. To learn more about the action, please view the press release here.
The firm just released our 2016 Appellate Round-Up – the flagship feature of our newsletter for the past five years. Essentially, we summarize every federal circuit court decision involving FERC and provide the stats on FERC’s rate of reversal before the court (spoiler: it’s not very high). To view the 2016 Appellate Round-Up (and other firm news), visit here. To view past issues, visit here and to subscribe, visit here.