The Federal Energy Regulatory Commission (FERC) has been captured. It has been captured by the very industries it is supposed to regulate--particularly pipeline companies. It is an agency that has become so entangled with industry that it is violating the constitutional rights of communities and families across the nation.
Sound unfairly harsh? Well, remember that the United States Constitution requires that federal government agencies like FERC be neutral in the decisions they make. In fact, James Madison’s sacred document declares that they must be free not just from actual bias—but from the mere appearance of bias. FERC fails both tests. Here’s why: alone among independent executive agencies of government with this level of adjudicatory authority, FERC receives full funding from the companies it regulates. That’s like having a basketball referee be paid his salary by one of the teams in the game. No wonder FERC keeps giving slam dunks to the pipeline companies.
Consider:
- · FERC regularly uses a legal loophole that prevents people, environmental and community protection organizations from being able to challenge pipeline projects before FERC allows them to go into construction;
- · FERC approves pipeline projects, even allowing them to begin construction, before the states have determined whether they will grant Clean Water Act approvals entrusted into their authority. That’s despite that the law that the state determination must come first;
- · FERC allows pipelines to begin construction before federal wetland permits have been granted, thereby undermining their ability to protect natural resources and communities; and
- · When pipeline companies are caught violating environmental and community protection laws, without exception FERC fails to issue penalties as a deterrent to future violations or to issue stop work orders to ensure pollution issues are addressed before construction is allowed to continue.
And the list
goes on.
In response
to this lengthy track record of partiality, on March 2nd the
Delaware Riverkeeper Network filed a lawsuit to challenge FERC’s violation of the fifth amendment of our US Constitution, which guarantees due process before
the U.S. government can take a life, liberty or property interest.
Until the lawsuit was filed, FERC’s Commissioners had an incredible 100 percent approval rating of pipeline projects presented to them for review. A week after the
lawsuit, FERC, for the first time since it became self-funding, denied a
pipeline project. The obvious violations
of law, policy and constitutional rights so clearly laid out for public display
in our lawsuit seemingly sparked embarrassment and action by FERC.
Does this mean we can expect a change at FERC? Unfortunately not.
The action doesn’t change the underlying problems with FERC’s unconstitutional
funding structure – it simply offers cover for FERC to claim it is not a rubber
stamp for the industry it oversees. But a stamp made of 99 percent rubber is
still a rubber stamp.
FERC’s seal of approval grants pipelines the power of ‘eminent domain,’
which is the legal authority to confiscate private property rights. FERC can
force people to live next to pipelines and compressor stations which pollute
the air, causing deadly harm to human health and millions in property damage. Pipelines
are granted authority to cut through public parks and preserved forests,
undermining the hundreds of millions in taxpayer dollars and private donations
committed to save these precious lands for present and future generations. Pipelines get the authority to cut through
farm lands and businesses of all kind, even though the lines undermine, and in
some cases destroy, these entrepreneurs’ economic success and viability.
FERC has crowned itself king and the pipeline companies its queen –
believing they are above the constitution, the congress, the states, and the
people.
The Delaware Riverkeeper Network’s legal challenge is paralleled by an
effort of nearly 250 organizations asking Congress to empower the Government Accountability
Office to conduct an independent investigation into FERC. No champion in
Congress has yet come to the fore. That’s disappointing, because many of them have
spoken out against the pipelines barreling through the FERC process and cutting
through hundreds of properties, parks and businesses across our nation.
But we are
hopeful that a brave soul in Congress will emerge. After all, while FERC has fracked-gas
dollars on its side. We have the Constitution and the American landscape on
ours. And they are priceless.
If
you want to help us find our Congressional Champion so we can secure an
Independent Investigation into the Abuse of Process and Law by the Federal Energy Regulatory
Commission (FERC) please:
Send a letter to all of your federal senators and congressional representatives
with just one click: http://bit.ly/GAOFERC
Sign on to our organizational letter (if you are representative of an organization being sent to congressional representatives and if you are an individual also sign our petition.
If you are the leader of an
organization concerned about the abuse of power at FERC you can sign on to our
organizational sign on letter at: http://bit.ly/SignOnGAOReview
If you are an individual that wants to join the call, please sign our petition and pass it on at: http://bit.ly/DRN-PetitionToReviewFERC
FERC
is a blatantly biased agency that doesn’t just favor the pipeline companies
over the public, but actively works to help advance pipelines, including by
stripping the public of our legal rights to challenge projects in the courts.
A
Government Accountability Office Review of FERC could help to shine the light
of day on the abuses of FERC and help all of the communities and environments
being devastated by the construction and operation of fracked gas pipelines and
LNG export facilities.