Landowners whose property rights have been threatened by natural gas pipeline projects throughout the nation, including some along the now-cancelled Atlantic Coast Pipeline, have told the Federal Energy Regulatory Commission (FERC) that its current policy for approving such projects is “archaic and in dire need of revision.”
The comments were filed May 26 on behalf of the landowners by the Niskanen Center, a Washington, DC-based advocacy organization, in response to a FERC Notice of Inquiry issued last February. Among the points made by Niskanen in its comments:
- FERC should revise its need determination policy, noting that its manner of determining need was out of date and did not accurately reflect the true market and need for natural gas.
- The process by which critical information is communicated to affected landowners is “broken” and “confusing,” and fails to adequately protect landowners’ interests.
- Allowing the use of eminent domain based on a conditional certificate from FERC violates the takings clause of the Constitution by authorizing takings that are not necessarily for a public use.
For a copy of Niskanen’s comments to FERC, click here.