Saturday, December 02, 2017

The East Coast's Pipeline Wars:  a Cheat Sheet

East coast pipeline map.  The pipelines shown here have been at the center of regulatory battles, legal challenges and political opposition. Several other projects are also pending. (Map Credit: Claudine Hellmuth/E&E News) Click to Enlarge.
The expansion of natural gas infrastructure along the East Coast has created a seemingly endless queue of new pipeline battles involving landowners, environmentalists, states, and the federal government.

Some of the proposed pipelines have similar names.  A handful have similar routes.  Many have been in the news for years, while others seem to have sprung from nowhere.  They're all accompanied by a nonstop stream of procedural and legal drama.

Even the most astute pipeline watchers have trouble keeping it all straight.  Was it Atlantic Coast or Atlantic Sunrise that just got approved?  Wait, how many projects are on hold in New York?  And aren't there nuns protesting somewhere?

Here's a breakdown of some of the most interesting projects to help you avoid getting your wires — er, pipelines — crossed.

Constitution
Length:  126 miles Route:  Northeast Pennsylvania to central New York Status:  Company wants FERC to waive a state-issued water permit

The fate of this project might not just be a matter of laws and regulations; it may also be a battle of political wills.  Democratic Gov. Andrew Cuomo of New York has held up a number of high-profile gas projects, including the Constitution pipeline.  For its part, Williams Cos. Inc., the lead sponsor of the project, is banking on favorable treatment by the Federal Energy Regulatory Commission.

It all began early last year, when New York regulators denied Constitution a water permit required by the Clean Water Act.  Williams challenged that decision in the 2nd U.S. Circuit Court of Appeals.  The court let New York's decision stand, but it declined to rule on a critical issue Williams had asked about:  whether New York had ceded that authority to the feds by taking too long to review the project.
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Northern Access
Length:  99 miles and associated infrastructure Route:  Northwest Pennsylvania to western New York Status:  Company appealing New York permit denial at 2nd Circuit, at FERC and in state court

National Fuel Gas Co., the lead sponsor of the Northern Access project, launched a bevy of legal challenges after New York regulators denied its water permit this year. But even the company's president and CEO, Ronald Tanski, has conceded that "it's anyone's guess when we might get an answer."

The roughly half-billion-dollar project would beef up the pipelines and other infrastructure that send gas across the Pennsylvania border into the Buffalo area. It had approvals from FERC and Pennsylvania regulators, but the April decision by the New York State Department of Environmental Conservation left it one permit shy.
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Valley Lateral
Length:  7.8 miles Route:  Connects Millennium Pipeline Co.'s main line to a power plant in Orange County, N.Y. Status:  Construction halted pending arguments at 2nd Circuit

What could have been a routine approval for a $39 million fuel line to a power plant has evolved into a high-stakes case with a federalist twist.
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PennEast
Length:  120 miles Route:  Northeast Pennsylvania to central New Jersey Status:  Awaiting final approval at FERC before reapplying to New Jersey

First proposed in 2014, the roughly billion-dollar project would connect gas fields in the Marcellus Shale to New Jersey, a state that gets more power from gas than any other fuel.  But the project hit a speed bump in June when state regulators under Republican Gov. Chris Christie blocked the project's application for a water certificate required under federal law.
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Atlantic Sunrise
Length: 183 miles and multiple expansions and upgrades Route: Southern Pennsylvania to northern Pennsylvania and upgrades across East Coast network Status: Approved by FERC; under construction

Atlantic Sunrise encompasses new construction in Pennsylvania and an array of upgrades along the existing Transcontinental Gas Pipe Line Co. LLC system that runs down the Eastern Seaboard to the Gulf Coast.

The $3 billion project has attracted the most pushback in Pennsylvania, where landowners, environmentalists and a group of Catholic nuns have led opposition.  The Adorers of the Blood of Christ sued FERC over its approval of the pipeline, arguing that routing the line across their land violates their religious rights.  A district court dismissed their claim, and it's now on appeal.
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Nexus
Length:  255 miles Route:  Eastern Ohio to southeastern Michigan Status:  Approved by FERC; under construction

The $2 billion Nexus pipeline in Ohio has been a hotbed of legal challenges since before it was approved.  Landowners filed a novel lawsuit in May, arguing that FERC's practice of granting eminent domain authority to pipeline developers is unconstitutional.  That case is still pending in federal court in Ohio.
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Rover
Length:  713 miles Route:  From processing plants in Pennsylvania, West Virginia and Ohio to delivery points in Ohio and Michigan Status:  Some segments in service, others under construction; completion expected in early 2018

The $4.2 billion Rover project to move up to 3.25 billion cubic feet of gas from Mid-Atlantic shale plays is being developed by Energy Transfer Partners LP, the company behind the heavily protested Dakota Access oil pipeline.

The project had problems with drilling fluid leaks and other environmental issues in Ohio almost as soon as construction started this spring, and the state of Ohio is suing Energy Transfer Partners on charges that it violated state air and water protection laws.  West Virginia regulators also briefly stopped construction on the project, and Energy Transfer Partners is operating under construction limitations from FERC.
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Mountain Valley
Length:  303 miles Route:  Northern West Virginia to southern Virginia Status:  Approved by FERC; state permits pending

The $3.5 billion Mountain Valley project is being developed by Pittsburgh-based EQT Corp. and partners to carry shale gas from West Virginia to markets in Virginia.  The project has been controversial in Virginia, with pushback from environmentalists and landowner groups, and is the subject of a legal challenge that says the use of eminent domain for the pipeline violates landowners' constitutional rights and the Natural Gas Act.
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Atlantic Coast
Length:  600 miles Route:  Northern West Virginia to eastern Virginia and North Carolina Status:  Approved by FERC; state permits pending

Atlantic Coast is a $5.1 billion project developed by four energy companies — Dominion Resources Inc., Duke Energy Corp., Piedmont Natural Gas Co. Inc., and Southern Company Gas — to deliver Mid-Atlantic shale gas to local markets in Virginia and North Carolina.  It has faced strong local opposition in both states and was a point of debate in a fierce governor's race in Virginia.  Democrat Ralph Northam, who largely dodged taking a position on the project but once supported it, won that race.

The Atlantic Coast project and another pipeline with a similar route, Mountain Valley, were approved by FERC in October.  The decision triggered a rare dissenting opinion from one of the three sitting commissioners, who said the two projects were largely similar and could potentially be combined to minimize their collective environmental impacts.  Atlantic Coast is also the subject of some legal challenges over the use of eminent domain authority.
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Sabal Trail
Length:  515 miles Route:  Eastern Alabama to central Florida Status:  Partially in service; FERC is conducting supplemental review

Sabal Trail is most notable for sparking a legal battle that forced FERC to take a closer look at the project's climate change impacts.

The $3.2 billion pipeline, part of the broader Southeast Market Pipelines Project, sends gas to power plants in Florida.  According to the U.S. Court of Appeals for the District of Columbia Circuit, FERC is required to estimate the greenhouse gas emissions from burning the gas.  The August decision was the D.C. Circuit's most forceful decision to date requiring more climate analysis for pipelines.

Now, environmentalists are urging the D.C. Circuit to halt pipeline operations until FERC completes additional review.  The agency is working to comply with the court order in a hurry.  It issued a draft analysis in September, but critics say it's not enough.

Read more at The East Coast's Pipeline Wars:  a Cheat Sheet

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