Jonathon Berman, jonathon.berman@sierraclub.org
Washington, DC -- Today, the D.C. Circuit Court of Appeals denied FERC’s motion to hold the Sierra Club and partners’ challenge to the Mountain Valley Pipeline in abeyance. FERC had argued that the case should be paused indefinitely to give the Commission more time to respond to rehearing requests filed in November 2017. The Natural Gas Act requires that FERC act on such requests within 30 days, but FERC regularly uses so-called “tolling orders” in an attempt to give itself more time to respond. Meanwhile, even as FERC claims that court actions are therefore premature, it allows pipeline companies like Mountain Valley to begin constructing the pipeline. The court directed the Commission to file the certified index to the record within 30 days, and indicated that a briefing schedule would be forthcoming.
In response, Sierra Club Attorney Elly Benson released the following statement:
“FERC should not be allowed to use tolling orders and other delay tactics to block court challenges even as it allows companies like Mountain Valley to move forward with pipeline construction. The people and communities that would be affected by this fracked gas project deserve a comprehensive review process that fully examines the threats posed to them and the environment.”
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3 million members and supporters. In addition to helping people from all backgrounds explore nature and our outdoor heritage, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.