FERC Lifts Stop Work Order on ACP

Early afternoon on September 17, 2018, the Federal Energy Regulatory Commission lifted the stop work order for the Atlantic Coast Pipeline it issued on August 10. The FERC Notice was based on the issuance of new permits by, respectively, the National Park Service and the Fish and Wildlife Service.

  • On September 11, 2018, the FWS issued a revised Biological Opinion (BO), which included a modified Incidental Take Statement for the ACP
  • Additionally, on September 14, 2018, the NPS issued a new right-of-way permit for crossing the Blue Ridge Parkway

 

Earlier versions of these permits had been vacated by the U.S. Court of Appeals for the Fourth Circuit, which had prompted FERC to issue its stop work order.
 

In its press coverage, the Virginia Mercury quotes D.J. Gerken, an attorney with the Southern Environmental Law Center in Asheville, N.C., who said, “The Park Service right of way is almost the same document,” Gerken said. “It’s very disappointing. … It sure looks like more of the same, which is these agencies making political decisions rather than fact-based ones. All of these federal agencies with responsibility to protect public resources moved too fast on a political timetable. This is entirely consistent with that approach. And that’s what got them in trouble last time.” Gerken added, “There is no question that these pipeline developers deliberately race the courts. So no matter how bad the legal violations are, the project is well under way before the courts have an opportunity to review it. This is baked into their business model. It doesn’t matter if it’s wrong as long as it’s fast.”