Court Orders FERC to Reconsider Eminent Domain Certification!
November 10, 2021 - On October 28th, the U.S Court of Appeals for the District of Columbia Circuit held a hearing for the lawsuit challenging the Federal Energy Regulatory Commission’s approval of the Jordan Cove LNG export terminal and Pacific Connector gas pipeline being constructed by the company Pembina (Evan’s V. FERC). Currently, construction for the Jordan Cove LNG pipeline cannot move forward because of denied, overturned, or withdrawn federal, state, and local permits. But with this approval from FERC, Pembina can use the power of eminent domain to seize private property from Southern Oregon land owners, Tribal entities, and the State of Oregon itself along the pipeline route. The groups argued that FERC failed to consider critical information about the proposed facility, including impacts to private property rights, Tribal resources, the environment, and that it is not in the public interest.
The skilled attorneys representing those opposed to the 230-pipeline requested that the certification granting eminent domain be paused at the very least while the court develops their official ruling. The three judge panel agreed and ordered FERC to reconsider this certification within the next 90 days due to the fact Pembina has failed to acquire the necessary permitting conditional to their certification. With the heat turned up for FERC to make a decision, we expect the agency to require an official statement from Pembina on whether they will continue development of the project or finally admit defeat. FERC may also chose to pause development indefinitely allowing the certification to expire in 2025. Either way this would be a win against the Jordan Cove LNG Pipeline development!
