US House Subcommittee Examines FERC’s Disregard for Landowner Rights

PRESS RELEASE — Oversight Subcommittee to Examine FERC’s Failure to Protect Landowner Rights

CONTACT: Aryele Bradford, (202) 226-5181, December 7, 2020

Washington D.C. (Dec. 7, 2020)—On Wednesday, Dec. 9, 2020, at 10:00 a.m., Rep. Jamie Raskin, the Chairman of the Subcommittee on Civil Rights and Civil Liberties, will hold a hearing to examine the Federal Energy Regulatory Commission’s (FERC) failure to protect the rights of landowners whose properties are affected by natural gas projects, and to follow up on the investigation and video report the Subcommittee released earlier this year.

FERC is the primary federal permitting agency for the construction and operation of all major interstate natural gas pipelines. Landowners face obstacles from FERC at every stage of the natural gas pipeline process: FERC rubberstamps natural gas projects without fair consideration to landowners, favors pipeline companies, and provides insufficient options for landowners to seek recourse against pipeline companies.

On February 19, 2020, the Subcommittee launched an investigation into the use of eminent domain in the construction of natural gas pipelines. FERC routinely grants pipeline companies “certificates of public convenience and necessity,” allowing them to take possession of private land under the right of eminent domain.

On April, 28, 2020, the Subcommittee released preliminary findings of the investigation revealing that the natural gas pipeline approval process used by FERC unjustly trampled on the rights of private landowners.

On June 11, 2020, following the Subcommittee’s investigation, FERC announced it would no longer authorize construction activities for natural gas pipelines until the agency acts on the merits of challenges from private landowners and other stakeholders.

On November 20, 2020, the Subcommittee expanded its investigation by requesting information about procedures used to resolve conflicts between landowners and energy companies.

WHAT: Civil Rights and Civil Liberties Subcommittee Hearing:

“Pipelines Over People: How FERC Tramples Landowner Rights in Natural Gas Projects”

WHEN: Dec. 9, 2020, at 10:00 a.m. EST

WHO:
1. David L. Morenoff, Acting General Counsel, Federal Energy Regulatory Commission

2. Terry Turpin, Director, Office of Energy Projects, Federal Energy Regulatory Commission

WATCH: A livestream will be available on YouTube and the Committee on Oversight and Reform website.
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U.S. Senate Confirms Two New FERC Commissioners, ABRA Update 297, December 4, 2020

The U.S. Senate on November 30 confirmed the two nominees for outstanding vacancies on the Federal Energy Regulatory Commission (FERC). The two new commissioners are:

• Mark Christie, Republican, who has been a longtime member and most recently Chairman of the Virginia State Corporation Commission
• Allision Clements, Democrat, now with the Energy Foundation and formerly with the Natural Resources Defense Council.

FERC will now have a full-complement of five commissioners, 3 Republicans and 2 Democrats. The FERC Chairman, James Danley, a Republican, was named by President Trump to that position on November 5, replacing Neil Chatterjee. The Chairman of FERC serves at the pleasure of the President, so Danley will presumably be replaced as Chair by President-elect Biden after January 20 by a Democrat, expected to be Commissioner Richard Glick. The present term of Commissioner Chatterjee expires in June 2021, affording Mr. Biden the opportunity to replace him with a third Democrat.

Among issues that the new FERC Commissioners will be addressing will be consideration of the forthcoming restoration plan of the Atlantic Coast Pipeline route, which is due to be filed with FERC by December 26.

Tagged as: eminent domain, FERC, landowner rights, natural gas, pipelines, US Congress