Natural Gas: States Must Review Air Quality Permit Applications After FERC Certification

Wednesday, August 14, 2013 12:00 am
 
Land Use Law Report, Volume 41, Number 8
 

Maryland refused to review a Clean Air Act permit for a proposed natural gas compressor station because the local zoning board denied zoning permits for the project, but this refusal was improper because FERC had already granted a certificate of public convenience and necessity, preempting the local laws.

FactsDominion Transmission, Inc.

(Dominion) sought to expand its natural gas storage and distribution system. To that end, it planned to build a natural gas compressor station in Myersville, Maryland. Doing so required several permits, including a certificate of "public convenience and necessity" from FERC and an air quality permit from Maryland. Dominion applied for both.

The Maryland Department of the Environment (MDE) returned to Dominion the air quality permit application, explaining that Dominion had failed to meet one of the permit requirements: a demonstration that Myersville had approved the project for all applicable zoning [..]

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