August 26, 2022

Western AGs Seek to Intervene In Opposition to Natural Gas Pipeline Expansion

Lori Kalani, Bernard Nash

Cozen O'Connor

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Cozen O'Connor

California AG Rob Bonta, Washington AG Bob Ferguson, and Oregon AG Ellen Rosenblum have filed a Motion to Intervene and Protest requesting that FERC deny an application for a capacity expansion for the Gas Transmission Northwest Express (GTN) pipeline, a 1,377 mile-long pipeline running from British Columbia to Malin, Oregon, which is just north of the California state line. The project would expand the amount of natural gas transmitted by the pipeline by 150 million cubic feet per day, which, according to the AGs, would have significant impacts on climate change.
The AGs argue that the application should be denied on several grounds. These include that it has not been demonstrated that the project will not be subsidized by existing customers as required by a 1999 FERC Policy Statement, and that expansion of the pipeline does not serve a public necessity. The AGs also argue that three precedent examples cited by GTN are inapplicable and insufficient. Finally, the AGs allege that the region is rapidly transitioning to renewable energy, and therefore the project, which is focused on transmission of natural gas, is not in the public interest.
In addition, the Motion argues that the pipeline conflicts with state laws, exacerbates climate change and increases air pollution particularly for low-income communities and communities of color, and fails to provide benefits that outweigh its adverse effects.

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