Minisink Residents for Environmental Preservation & Safety v. Federal Energy Regulatory Commission

Millennium Pipeline Company (Millennium), a natural-gas-pipeline-system owner and operator, applied to the Federal Energy Regulatory Commission (FERC) (defendant), seeking a certificate of public convenience and necessity, which was required for construction and operation of a natural-gas compressor station in Minisink, New York. The project was to include a new station, which would allow a significant increase in Millennium’s natural-gas-delivery capability, and a compressor, which would enable bidirectional gas flow for a certain segment of the pipeline. The project was to be sited on a small section of a parcel owned by Millennium. FERC issued notice of its intent to prepare an environmental assessment (EA). Millennium and FERC each hosted informational meetings on the project proposal for interested persons. The commission received hundreds of comments about the project. Notably, a group of residents advocated for an alternative site for the compressor station called the Wagoner alternative. The Wagoner alternative was to be smaller and sited in a less residential location. However, it would have required replacement of a seven-mile span of pipeline that crossed the Neversink River. FERC’s EA included analysis of the Minisink project’s environmental impacts and comparisons to the Wagoner alternative, which had a greater expected environmental impact. FERC concluded that the Minisink project would likely have no significant environmental impact. FERC approved the EA. After review of the application of the project, FERC found that the project would not require subsidization from existing customers. FERC also found that the benefits such as the increased capacity to customers in high-demand areas outweighed the minimal adverse effects of the project. FERC voted to approve the certificate of public convenience and necessity. The Minisink Residents for Environmental Preservation and Safety (MREPS) (plaintiff) filed a petition for review of FERC’s decision in the United States Court of Appeals for the District of Columbia Circuit.