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Minisink Residents for Environmental Preservation & Safety v. Federal Energy Regulatory Comm'n

ELR Citation: 44 ELR 20190
Nos. No. 12-1481, (D.C. Cir., 08/15/2014)

The D.C. Circuit denied residents' petitions for review challenging FERC's approval of a new natural gas compressor station in their town. Although the project is now finished and functional, the petitions are not moot because the residents assert that the compressor's operation continues to harm their aesthetic, health, and property interests. Nevertheless, the claims were without merit. The residents argued that FERC failed to afford due consideration to the resident's preferred alternative in violation of Natural Gas Act §7. But the record shows that FERC amply considered alternatives to the project, devoting especially thorough attention to the alternative favored by the residents. The residents also claimed that FERC failed to take a "hard look" at the project under NEPA. But FERC properly considered the cumulative impacts in its EA for the project. Nor does the project violate FERC's siting guidelines. The petitions, therefore, were dismissed.