FERC Upholds Eliminating Order 871 – Pipeline Challenge Rule

One of the environmental left’s favorite tactics to defeat fossil fuel projects is to challenge every single infrastructure project (pipeline or otherwise) connected to fossil energy at the Federal Energy Regulatory Commission (FERC). As soon as a company files an application to build a new project and FERC approves it, Big Green will challenge it first at FERC and eventually in court. FERC had an internal rule, called Order No. 871, that states a company cannot begin construction (even though FERC has approved the certificate) until all such legal challenges are resolved, which can take YEARS. Which is the point—delay, and eventually, some of the projects will give up and won’t be built. Run out the clock. In October, FERC issued a new rule eliminating the Order No. 871 rule, meaning construction can now begin months and years sooner, even while appeals continue (see FERC Cuts Pipeline Challenge Rule; Result is Faster Construction). The enviro-left appealed the decision with FERC, and yesterday, FERC commissioners told the enviro-left to buzz off.

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