Most landowners and communities do not realize that they can participate in the Federal Energy Regulatory Commission (FERC) process regarding certificates for natural gas pipelines. If you know and understand the rules, you can have your voice heard. This presentation explains how.

2. A “Wordle” of FERC’s Pipeline Regulations: Not much role for the public

3. The Players
FERC reviews applications, prepares the EA/EIS and
approves certificates for pipelines under the NGA
DOT issues and enforces pipeline safety standards.
States administer state laws as well as federal
programs like CWA, CZMA
Counties & munis review & consult on impacts
within their boundaries
NGOs consult on, and protect interests for which
their group was formed
Landowners protect property

4. Preemption Issues:
State/Local Action Preemption?
State implementing federal program No
State, county or muni
implementing state/local permit program
NO, if compliance is condition of certificate,
but YES if action conflicts with certificate or
delays pipeline
State/local oversight of pipeline
post-certificate & enforcement of state law
NO, unless enforcement of standard directly
conflicts w/certificate provision
State siting & zoning laws YES
State/local pipeline safety codes
or standards
YES
State eminent domain laws NO if property is < $3000 or if pipeline
chooses state court

7. FERC Pipeline
Process
Rule # 1:
Opportunities for input
narrow as parties move
through the process.

8. FERC
Pipeline
Process
Rule #2 :
The squeaky wheel gets the grease.

9. FERC
Pipeline
Process
Rule #3:
Know the rules and follow them

10. FERC Pipeline Process
Rule #4:
Tell your own story...

11. FERC Pipeline
Process
Rule #4a:
…in your own words.

12. Which photo is a more
compelling depiction of
potential impacts and
surrounding environment?
Notice the number of trees that
will be lost through ROW
expansion.

13. FERC Pipeline
Process
Rule #5:
Leverage your resources through
technology and collaboration

14. FERC
Pipeline
Process
Rule #6:
Don't Cry Wolf

15. FERC
Pipeline
Process
Rule #7:
Choose Your Battles

16. FERC Pipeline
Process
Rule #8:
Manage Expectations

17. Resources for Keeping
Track of and
Researching the FERC
Pipeline Process

23. e-CFR Online,
http://ecfr.gpoaccess.gov/

26. Thank You!
For more information, contact:
Carolyn Elefant
Law Offices of Carolyn Elefant
1629 K Street NW Ste. 300
Washington D.C. 20006
202-297-6100