US Forest Service to clear way for pipeline

Ms. Harwood brings up a valid point, "Why should we allow an energy company special treatment?" The unfortunate answer is that the federal government passed a law called the Natural Gas Act of 1938 that gives companies who transport natural gas special legal status, including the right to use Eminent Domain, to acquire the rights of way to build their pipelines. This power does not extend even to oil transportation companies, only those transporting natural gas. So, if the Oregonians try to fight this on the basis that a private company should not be allowed to run a pipeline through government property, they will run afoul of a body of well established law that states they have the right to do it. Their only hope is to raise political awareness NOW before the Palomar proponents submit a pre-application to FERC for a preliminary determination of the environmental acceptability of the general path of the pipeline. If it gets to the pre-filing stage at FERC, the battle will more than likely be lost! I cannot emphasize this too much, FERC is tasked with paving the way for, not stopping, natural gas pipeline projects. If FERC does there approval, the U.S. Forest Service will fall into line.
The new administration in Washington, and most environmental groups, think a natural gas pipeline is a better alternative than coal or oil sources of supply, so they will not oppose it.
Palomar needs to know now that the the Oregon federal congress members, House and Senate, oppose the path through Mount Hood. A pipeline right of way 47 miles long, and 120 feet wide, means a huge swath of forest will be decimated. The permanent easement will probably be 50 feet wide, but all old growth trees will be gone, 70 feet will be replanted, and 50 feet will be barren forever! Build the coalition now or all will be lost!

12/25/2008, 3:09 p.m. PST
The Associated Press

PORTLAND, Ore. (AP) — The U.S. Forest Service plans to alter its environmental standards to allow a proposed $800 million natural gas pipeline to run through 47 miles of Mount Hood National Forest.

The proposed Palomar pipeline would require opening a path measuring 120 feet wide. The path would stretch through forest areas that have been protected from clear-cutting and other disturbances under the department's management plans.
The Forest Service would also have to revise other rules, such as limiting cutting around Wild and Scenic Clackamas River, spotted owl habitats and recreational areas.

The pipeline is a joint venture of Northwest Natural Gas Co. and TransCanada Corp. Construction is scheduled to start in November 2011.
If approved, it will feed into a natural gas network east of the Cascades and extend across 217 miles.

Supporters of the project say it would provide a much-needed alternative to a natural gas pipeline running through the Columbia River Gorge and into the Willamette Valley.

Natural gas is a resource that could ease potential petroleum shortages and provide an alternative to coal, which generates about 40 percent of the electricity used in Oregon, Palomar spokesman David Dodson said.

"We support renewable energy, but natural gas will have to be part of the mix," Dodson said.

Opponents of the project argue portions of the forest would be lost, and if a pipeline should be built at all, it should be closer aligned with existing roads.
"If this was a timber sale, it would be illegal," said Amy Harwood, program director for conservation group Bark, which advocates preserving forests surrounding Mount Hood. "Why should we allow an energy company special treatment?"

Once the Federal Energy Regulatory Commission, which has authority over the project, decides whether to allow the project to proceed, the Forest Service will begin deciding the specific changes it will make to its management plans.

FERC spokeswoman Tamara Young-Allen said the agency approves most pipeline proposals, and tends to focus on requirements companies must meet to mitigate environmental damage. The agency will likely evaluate the project within the next 12 months.
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On the Net: http://www.ferc.gov
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Information from: The Oregonian, http://www.oregonlive.com
© 2008 Associated Press. All Rights Reserved.

REX Sues Franklin County

You can read this article from the Indiana Law Blog. It speaks for itself. Maybe Franklin County will get to the Supreme Court yet! Here is the link and I am pasting the blog below. I must have missed the article in the Indy Star.
http://indianalawblog.com/archives/2008/12/ind_courts_even_18.html

It seems odd that REX recognized the State of Indiana as necessary to issue a permit. It follows, in my mind, that the State petitioning process through the Natural Resources Commission should also be a valid one in the eyes of REX. The fact that REX has filed the suit, must indicate that FERC isn't siding with REX on this. We will see. I believe the Indiana NRC Administrative Law Judge, Sandra Jensen, should have a ruling on the validity of the permit after the first of the year, so REX must not see it as breaking in their favor or they would not have taken this action.


Ind. Courts - Even more on Rockies Express Pipeline suing Indiana counties

Adding to the list of ILB entries on the Rockies Express Pipeline project making its way across our state, Jason Thomas of the Indianapolis Star reported yesterday:
A floodway in southeastern Indiana represents the latest obstacle for the builders of a multistate natural gas pipeline.

Lawyers for Rockies Express Pipeline LLC filed a lawsuit in U.S. District Court on Tuesday over access to the Whitewater River in Franklin County.

In January, the Department of Natural Resources granted the pipeline builders a certificate of approval to construct the 42-inch underground pipeline in the floodway.

Shortly thereafter, the Franklin County Drainage Board and several water utilities filed petitions with the Indiana Natural Resources Commission, requesting that the certificate of approval be overturned or reversed, according to the lawsuit.
In June, pipeline lawyers filed a motion to dismiss the commission's review of the certificate, stating that federal law pre-empted the commission's authority; the commission denied the motion in September.

The commission's denial of the pipeline's motion conflicts with the federal Natural Gas Act, according to the lawsuit.

The pipeline will suffer irreparable harm if the commission is not kept from reviewing the Department of Natural Resources' certificate, the lawsuit states.
Damage would include construction delays and contractual liabilities to contractors and equipment suppliers.

The pipeline firm is seeking an order declaring that the commission does not have authority to review the certificate and a temporary order restraining the commission from conducting an administrative review of the certificate.

The lawsuit also is seeking attorney fees and other costs associated with the lawsuit. Rockies Express has been awarded federal approval to build the final portion of a 1,600-mile pipeline from Colorado to Ohio.

The final leg, called Rockies Express-East, will run through nine Indiana counties as it stretches from Missouri to Ohio.

Posted by Marcia Oddi on December 13, 2008 08:59 AM
Posted to Indiana Courts