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![Focus on Your Backyard
Know the scope of authority and maintain it
WGL
v. PG County (2013) - Neither PSA nor NGA
apply to instrastate facilities; county can control
On stronger ground if exercising locality’s
inherent powers
TX
Midstream v. Grand Prairie (5th Cir)(2010)PSA regulates safety, not siting. Locality not
preempted from establishing setbacks for
compressor station [NOTE - this is PHMSA case;
outcome would be different under NGA]](https://image.slidesharecdn.com/cepipelinepresent112013-140107083808-phpapp02/85/C-epipelinepresent112013-12-320.jpg)
Uploaded byCarolyn Elefant
C epipelinepresent112013
The document discusses the role of local governments in the federal pipeline regulatory system, focusing on the jurisdiction of FERC and PHMSA over pipeline siting and safety. It outlines strategies for local governments to maintain relevance and authority in the face of federal preemption, including understanding local powers and participating in regulatory processes. Specific cases and laws are cited to illustrate successful local government actions and considerations.
C epipelinepresent112013
- 1. BIG PROCESS, Small Communities HowLocal Governments Can Stay Relevant in A Federal Process Carolyn Elefant, Law Offices of Carolyn Elefant Washington DC
- 2. THE QUESTION: What isthe role of local government in a national regulatory system?
- 3. National Pipeline Regulatory System FERC- Natural Gas Act PHMSA - Pipeline Safety Act
- 4. Role/Scope of FERC Jurisdiction over siting for interstate pipelines and LNG under NGA Certificate for pipelines (Section 7) confers eminent domain (none for LNG under Section 3) No jurisdiction over gathering, distribution or Hinshaw (Section 1(b) NGA) CAA, CWA, CZMA still apply Reliance on PHMSA for safety analysis
- 5. Role/Scope of PHMSA Jurisdiction over safety for interstate facilities (pipelines and gathering facilities that affect commerce) No safety standards for intrastate pipelines regulated by state 49 U.S.C. ｧ 60103(a),(b) Certifies/regulates safety for FERC sited projects Power only over safety, not siting Some powers administered by states
- 6.
- 7. Two Types ofPreemption Field Preemption Conflict Preemption
- 8.
- 9. RULE 1: THINK KRYPTONITE, NOTDYNAMITE
- 10. Kryptonite v. Dynamite Dynamite:Try to use local law specifically to kill a project AES Sparrows Point (Baltimore’s proposed zoning law; not sympathetic) Kryptonite: look for vulnerabilities in the process; preserved authority Millennium Pipeline CZMA Islander Pipeline CWA Myersville - CAA (not yet successful but potential due to CAA’s EXPRESS reservation of local power) Corps may also be sympathetic (Section 404)
- 11. RULE 2: FOCUS ONYOUR BACKYARD
- 12. Focus on YourBackyard Know the scope of authority and maintain it WGL v. PG County (2013) - Neither PSA nor NGA apply to instrastate facilities; county can control On stronger ground if exercising locality’s inherent powers TX Midstream v. Grand Prairie (5th Cir)(2010)PSA regulates safety, not siting. Locality not preempted from establishing setbacks for compressor station [NOTE - this is PHMSA case; outcome would be different under NGA]
- 13.
- 14. Rule 3: Participate! Intervenein the FERC process early If county has any unique concerns, raise them. If there are EXISTING zoning laws, make that known. Work with company if possible but involve FERC to resolve disputes Residents do not have the same power as government to raise issues - yet in many instances, they are doing the legwork. Use contacts with other government agencies
- 15. Contact Information Carolyn Elefant, LawOffices of Carolyn Elefant, Washington DC 202-2976100, carolynelefant.com