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RFH 2010, News

Court Rules Against Power Line Corridors

Sun, Feb 06, 2011

A central point in the discussion/fight over the creation of the New York Regional Interconnect power line from Canada to New York City, was undone by a recent federal court ruling.

The Ninth Circuit federal court ruled against the creation of National Interest Electric Transmission Corridors (NIETC) These corridors would have allowed utilities like those building NYRI to use federal eminent domain powers to take land they deemed nedded for such power lines.

The ruling in the Ninth Circuit case brought by the coalition counties fighting NYRI against the Department of Energy said the department failed to conduct an environmental review as required by the National Environmental Policy Act. Further, DOE did not consult with the states. In part the decision said:

"We determine that DOE failed to properly consult with the affected States in conducting the Congestion Study and failed to undertake any environmental study for its NIETC Designation as required by the National Environmental Protection Act (“NEPA”), 42 U.S.C. § 4332(C). We also determine that these failings were not harmless errors. Accordingly, we vacate the Congestion Study and NIETC designation and remand the cases to the DOE for further proceedings."

 View the entire Ninth Circuit Decision

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