Oral Arguments: Otsego 2000 v. FERC April 11, 2019

Otsego 2000 Files Appeal in DC Circuit Court Challenging FERC Decision to Ignore GHG Impacts


Last Thursday, April 11th, the DC Circuit Court heard oral arguments from Otsego 2000 and FERC regarding the FERC decision to ignore upstream and downstream GHG emissions in all future projects under its jurisdiction. The arguments  are available to listen to here.
Read below for background on this case.
On Monday, November 26th, Otsego 2000 filed an appeal to the D.C. Circuit Court of Appeals, challenging the Federal Energy Regulatory Commission (FERC) decision permitting Dominion Transmission Inc.’s New Market Project to proceed. Otsego 2000 argues that in permitting this project, FERC violated the Natural Gas Act, NEPA, and binding legal precedent when FERC refused to consider upstream or downstream GHG impacts, wrongfully deciding that these impacts were not foreseeable or quantifiable. FERC also announced a significant policy change stating that for the same reasons, it would no longer consider GHG impacts in future cases. By announcing a significant policy change in a single docket, FERC also violated the Administrative Procedure Act which requires agencies to give notice of proposed policy changes and allow public comment. By its action, FERC denied due process to citizens and stakeholders across the nation who had no notice of FERC’s plan until it was too late to intervene.
“At a time of surging concern for climate change and growing scientific evidence of its causes, FERC’s announcement of a new ‘policy’ to refuse to even consider GHG emission impacts, in defiance of existing law, must be rejected,” said Nicole Dillingham, President of Otsego 2000’s Board of Directors. She added: “The fact that FERC attempts to announce such a policy in a single docket denies all others of their due process rights. Otsego 2000, as the only party with standing to appeal, simply cannot let this go unchallenged.”
Otsego 2000, an environmental and preservation advocacy organization based in Cooperstown, NY, is represented by Michael Sussman, Esq., of Sussman & Associates, Goshen, NY.
To read the brief and keep up-to-date on the case as it moves forward, visit http://www.otsego2000.org/environmental-stewardship/otsego-2000-vs-ferc/.