Minisink, NY, Mar.15, 2014- The controversial Minisink case challenging both the Federal Energy Regulatory Commission (FERC) and Millennium Pipeline Co., LLC, has been rescheduled for a May 1st hearing at the D.C. Circuit of the U.S. Court of Appeals. Oral arguments will now be presented before Circuit Judges Kavanaugh, Millett, and Wilkins. Both Millett and Wilkins are recent Obama appointees, while Kavanaugh has served on the D.C. Appeals Court since 2006. Significantly, the case will set national legal precedent in regard to communities’ rights to defend themselves from unwanted and forcibly sited energy infrastructure by the oil and gas industry; if successful, Minisink, NY, will be the first community to have a brand-new gas compressor station shut down and removed from the location.
The ramifications of this case will be critical to the larger network of gas infrastructure battles in the Northeast. Developments are being closely monitored by both industry and frontline community advocacy groups; the conflict and ensuing case began in June of 2011. With two large gas-fired power plants and several new miles of lateral pipeline hinged on the viability of the Minisink compressor station, Minisink’s success in the upcoming proceedings would be a critical blow to the industry’s plans for the state of NY.
Represented by the D.C.-based attorney, Carolyn Elefant, ten community-appointed Minisink residents, collectively known as ‘Minisink Residents for Environmental Preservation and Safety’ (MREPS), are the Petitioners in the case. As Respondent and Intervenor in the case, respectively, FERC and Millennium Pipeline’s legal representation will be compelled to split the allotted time for corresponding argument.
In July of 2012, Minisink set rare legal precedent with a 3-2 split vote at FERC to approve the Minisink Compressor Station, with two commissioners dissenting- both the Chairman at the time, Jon Wellinghoff, as well as Commissioner Cheryl LaFleur. FERC has an overwhelming 99% approval rate of all projects that come before them. The findings of the U.S. Court of Appeals will have far-reaching implications for the industry, a host of communities across the country currently and soon to battle infrastructure expansion, and advocacy and alliance groups across the region.
For more information on the Minisink community and Minisink’s case, please visit http://www.minisinkmatters.org