This is hugely important good news, and it gives us more hope for PATH.
JBK
Elena.Saxonhouse@sierraclub.org 2/19/2009 1:55 PM >>>
----- Forwarded by Elena Saxonhouse/Sierraclub on 02/19/2009 10:41 AM
"Bri West, PEC" pecnews@pecva.org Sent by: pecnews@pecva.org 02/19/2009 10:27 AM
PEC Wins Fourth Circuit Appeal -- Ruling helps fix part of the problem with NIETC. I apologize for all of the acronyms, but bear with me, this is good news. We've just won a case in front of the US Fourth Circuit Court of Appeals that strikes a blow to the federal government's fast-tracking, environment-be-damned approach to transmission line siting under the NIETC process. The ruling makes it possible for a state utility commission to
deny a transmission line project, without giving the utility a second bite at the apple at the Federal Energy Regulatory Commission (FERC). Ruling in PEC's favor, the court overturned FERC's "expansive interpretation" of its own siting authority, and found that FERC violated Council on Environmental Quality regulations related to the National Environmental Policy Act (NEPA). The decision restores a semblance of federal-state balance in the overall transmission line siting process. Although it is unlikely to influence the Dominion/TrAILCo transmission line case, the decision could impact all
future transmission line cases.
View the Court Ruling Court Rules: State Can Deny a Project The Fourth Circuit ruling makes it possible (once again) for a state utility commission to consider a transmission line project, weigh the pros and cons, and then make a decision to deny a permit, without fear of federal reprisal. Under FERC's prior interpretation, a utility was virtually guaranteed two shots at getting their project approved. If the state wouldn't say 'yes', the utility could try again at the federal level. Read the 4th Circuit Decision View PEC's Press Release 9th Circuit Case Still Pending This lawsuit was the first of two filed by PEC relating to the Department of Energy's National Interest Electric Transmission Corridors. The second, which seeks to overturn the DOE’s designation of multi-state corridors for transmission line siting, is pending before the Ninth Circuit Court of
Appeals in San Francisco. This 4th Circuit ruling validates many of the arguments we've made over
the past few years. Thanks for your support and continued donations to our Energy and Transmission campaign. We're working on energy efficiency and renewable bills down in Richmond, moving forward with our Virginia Supreme Court appeal, and playing an active role in the state and national discussion on transmission. Very best, Bri West Piedmont Environmental Council pecnews@pecva.org
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