FOR IMMEDIATE RELEASE
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BALTIMORE, MD – Attorney General Anthony G. Brown joined a multistate coalition in a comment letter opposing a proposed rule from the Federal Energy Regulatory Commission (FERC) that would unlawfully fast-track more natural gas pipeline projects, and likely raise consumers’ energy bills, increase air pollution, and worsen climate change.
The multistate coalition submitted comments regarding FERC’s proposed rule, issued on May 21, to expand the category of pipeline projects that are automatically authorized under its “blanket certificate.” That change would allow more costly and expansionary projects to bypass review required under the Natural Gas Act to ensure that the projects serve the needs and interest of the public. FERC “must ensure that new pipelines do not unfairly burden everyday consumers, the air we breathe, and the water we use,” the coalition wrote in their comment letter.
FERC is proposing to substantially increase the dollar threshold for projects that qualify for automatic approval, which allows companies to proceed without any advance notice to the public or FERC. Under current regulations, projects that cost less than $14.5 million qualify for this automatic approval. FERC proposes to more than double that threshold to $30 million.
Additionally, FERC proposes to lift the threshold to $86 million, up from $41.1 million currently, for so-called “prior notice” projects. Under that category, companies must provide 60 days’ notice to FERC and the public, and if no objections are made, the companies can proceed. FERC would also adjust those thresholds annually based on an industry index of natural gas infrastructure construction costs rather than its current inflation-based measure. FERC is also proposing to give “prior notice” approval for all compressor station expansion projects that occur within the fenceline of an existing station, no matter the cost.
The coalition argues that FERC’s proposed rule would violate the Natural Gas Act, the Administrative Procedure Act, and the National Environmental Policy Act.
Joining Attorney General Brown in signing the letter are the attorneys general of Arizona, California, Colorado, Connecticut, the District of Columbia, Illinois, Maine, Massachusetts, Michigan, Minnesota, New York, Oregon, Vermont, and Washington.
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