Editor & Publisher, Marcellus Drilling News (MDN)
The Delaware Riverkeeper a/k/a Delaware Povertykeeper has lost again, as FERC says it all — “bare allegations of what is likely to occur do not suffice.”
In August 2016, Millennium Pipeline, which stretches from Corning, NY to just outside New York City, filed an application for what it calls its Eastern System Upgrade. The Eastern System Upgrade involves 7.8 miles of extra looped pipeline in Orange County, upgrade of a compressor station in Delaware County, building a new compressor in Sullivan County and making some minor tweaks to metering stations in Rockland County. In something of a miracle, the New York Department of Environmental Conservation (DEC) granted permits for the project.
Predictably, THE Delaware Riverkeeper, hater of all things fossil fuel, moved for a “stay” to block construction and filed a request for rehearing with FERC, and at the same time filed a lawsuit against the DEC’s water permit approval. FERC has just rejected Riverkeeper’s request for a stay and a rehearing. It is yet another humiliating defeat for THE Delaware Riverkeeper.
Declaring that “justice does not require a stay,” FERC has denied a stay of Millennium Pipeline Co. LLC’s Eastern System Upgrade (ESU) project, which would provide an additional 223,000 Dth/d of firm transportation service to local distribution companies (LDC) and municipalities in New York.
The move for a stay and a request for rehearing were filed by the Delaware Riverkeeper Network (DRN) in December [CP16-486]. DRN claimed the Federal Energy Regulatory Commission violated the National Environmental Policy Act by failing to properly evaluate the project’s environmental impacts…
In its order denying the stay, FERC said DRN had made “little effort to substantiate a claim of irreparable injury.” Instead, DRN “simply asserts that, if the Eastern System Upgrade Project goes forward, Riverkeeper members in the vicinity of the proposed project route will suffer from the loss of forest lands, wetlands, and streams ‘in and around where they live, work and recreate,’ as well as ‘alteration of the unique character of their rural community.’”
In order to support a stay, it must be shown that irreparable injury that is “both certain and great and…not theoretical” is likely to occur, FERC said. “Bare allegations of what is likely to occur do not suffice.”
FERC’s response to THE Delaware Riverkeeper, refusing to stop Millennium’s Eastern System Upgrade project, may be found here with relevant parts highlighted.
Editor’s Note: There is one line in the FERC decision, quoted above, that says it all with regard to THE Delaware Povertykeeper a/k/a Riverkeeper’s activities, those of the Clean Air Council, PennFuture, the Sierra Club, the NRDC gang and every other shill for the elitist gentry class funders of fractivism. It is this:
“Bare allegations of what is likely to occur do not suffice.”
This short sentence also sums up what we see with the entire justification the DRBC offers for its fracking ban; nothing but baseless allegations and speculation that do not begin to pass legal muster. FERC is calling out all of them with this decision.
This was a nice put-down of THE Delaware Povertykeeper a/k/a Riverkeeper, especially given the fact the Highland Compressor Station element of the project is not far from Maya’s second home in the woods. Still, we have to remember her organization, like so many others, is engaged in the classic strategy of throwing shovelfuls of stuff against the wall hoping some of it sticks here and there. That’s what fractivists are paid to do, but the succinctness of FERC’s observation suggests fewer and fewer people are being fooled this days. Hooray!