11 environmental groups sue over proposed power co

[Swimmy]

I started this on the disgrace forums, but I thought I'd share it here too.

11 environmental groups sue over proposed power corridor

While I applaud the groups' initiative and determination to overrule the Department of Energy's corridor decision, I have to agree with the DOE's spokesman who said that the creation of the corridors alone does not have any effect on the environment. Rather, it's the power line projects that will be steamrolled through that will have the impact on the environment.

The best option I see is to seek a court order that stays any power line projects until the DOE re-hears the decision and makes its final ruling. From there, appeal it to the District Courts. From my research, there is a decent case for a court to overturn the DOE's corridor decision based on the arbitrary and capricious standard. I'm no lawyer on that, but it does appear that this would a good example of when the courts will not defer discretion to the administrative agency.

But I fear that the groups are suing the wrong party and at a premature time. Perhaps once the DOE approves nyri's project would be a better time. We all remember when a local group sought to enjoin nyri from building: the court dismissed the case on ripeness grounds.

[strikeslip]

The creation of the corridors DOES have an effect on the environment because it implements as national policy the determination that metropolitan areas MUST be supplied with power from other regions as opposed to other solutions such as building power plants within the areas to be served, implementing requirements for conservation, or placing restrictions on growth.

In New York, the corridor will likely result in siting power plants upstate, closing power plants downstate, a proliferation of windmills upstate, continued growth in NYC area, and depopulation of upstate.

The decision is a major Federal Action. I would argue that it requires an Environmental Impact Statement under the National Environmental Policy Act.

[Swimmy]

But the designation of a corridor itself does not actually effect the environment. The projects what will supersede state rejections will. It is a massively debilitating policy move, but the actual corridor does not pose any environmental risks, until the projects are approved. Then you have environmental threats.

[strikeslip]

Swimmy -- In a 'physical' sense you are correct . . . but, NEPA and SEQRA (State Environmental Quality Review Act) expect that the impacts be assessed and known BEFORE the policies are chosen. Since the policy has been chosen, now is a good time to bring action.

[Swimmy]

I should have figured there would be a federal equivalent to the state environment act, and if that's the law, then the lawsuit is ripe. If the DOE should have conducted an impact study, then these 11 groups have a decent chance at overturning the DOE's decision, or at least forcing it to reconsider it at a more expeditious pace.

Thanks.

[strikeslip]

I don't know what, if any, environmental studies were actually done by FERC to comply with NEPA.

NEPA is weaker law than SEQRA. If my memory serves me correctly, NEPA only requires that the impacts be known, while SEQRA requires mitigation to the maximum extent practicable.

Unfortunately, our State Legislature specifically exempted the siting of power lines from the requirements of SEQRA. (Go Figure!)