The Federal Energy Regulatory Commission (FERC) – the federal agency charged with reviewing applications to permit natural gas pipelines – has contended a complaint filed by the Eastern Environmental Law Center (EELC) and Columbia Environmental Law Clinic on behalf of New Jersey Conservation Foundation (NJ Conservation). The complaint states that FERC is acting unconstitutionally by not ensuring that the lands it authorises pipeline companies to seize are being put to a public use.
The first-of-its-kind legal challenge, filed with the US District Court in Trenton against FERC, asks the court to declare that:
“Our aim is to motivate FERC to amend its policies so the agency ceases its unconstitutional practice of granting certificates for pipelines that are not in the public interest. This will end the unjust seizing of public and private land,” said Susan J. Kraham, Senior Staff Attorney, Columbia Environmental Law Clinic.
