American Oil and Gas Reporter - March 2019 - 21
IndustryDigest
plaintiffs maintained-and the district court
agreed-that DNR failed to adequately
consider state guideline 711(A) regarding
surface-altering activities as well as
719(K), which says, "Effective environmental protection and emergency or contingency plans shall be developed and
complied with all mineral operations."
The 5th Circuit Court of Appeal disagreed, however, ruling that "no commercial
or industrial activity will occur on the surface of the earth because the pipeline will
be completely buried." The court also
ruled 719(K) applied only to exploration,
production and refining, and "does not include the transportation of oil."
As to evacuation routes, the 5th Circuit
found that responsibility for spill response
lies jointly with the federal Pipeline and
Hazardous Materials Safety Administration
and the Louisiana Oil Spill Coordinator's
Office, not DNR, while local governments
are responsible for evacuations, adding,
"There is no indication in the record that
the proposed pipeline will change existing
evacuation routes."
The court's judgement also noted that
ETP had obtained a permit from the
Bayou Lafourche Fresh Water District,
and that St. James Parish had issued two
letters supporting the project. ❒
Federal Court Upholds
FERC's Certification For
Mountain Valley Pipeline
WASHINGTON-The U.S. Court of
Appeals for the D.C. Circuit has removed
one potential obstacle to the Mountain
Valley Pipeline, which is being developed
to carry up to 2 million dekatherms a day
of natural gas from Appalachia to markets
in the U.S. Mid-Atlantic and Southeast.
The $3.5 billion, 303 mile-long pipeline
is being constructed from Wetzel County,
W.V., to Pittsylvania County, Va., by EQT
Midstream Partners along with four other
companies.
On Feb. 19, the American Petroleum
Institute reports, the D.C. Circuit dismissed
a claim by environmental groups and
landowners that the Federal Energy Regulatory Commission failed to properly
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evaluate downstream greenhouse gas
emissions in certifying the project.
Published reports add that the court
also found the developers did not violate
federal law in their use of eminent domain
to acquire pipeline rights of way.
API Vice President of Midstream and
Industry Operations Robin Rorick praises
the D.C. Circuit for "reaffirming FERC's
role in the pipeline permitting process,
making it clear that (FERC's) scope of
review is still correct."
"FERC conducted a thorough environmental impact study that looked at
everything from groundwater to surrounding communities' cultural attachments,
and the court's decision underscores that
no further assessments are needed to
ensure a safe path forward for the project's
completion," Rorick says.
However, Mountain Valley still must
work around an October 2018 ruling by
the U.S. Court of Appeals for the 4th
Circuit that vacated the pipeline's Clean
Water Act permit from the U.S. Army
Corps of Engineers. The Corps had
granted Mountain Valley a CWA Na-
http://go.spe.org/register19CTWI
American Oil and Gas Reporter - March 2019
Table of Contents for the Digital Edition of American Oil and Gas Reporter - March 2019
Contents
American Oil and Gas Reporter - March 2019 - Intro
American Oil and Gas Reporter - March 2019 - 1
American Oil and Gas Reporter - March 2019 - 2
American Oil and Gas Reporter - March 2019 - 3
American Oil and Gas Reporter - March 2019 - 4
American Oil and Gas Reporter - March 2019 - Contents
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