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.
