(Jersey County, IL) Spire natural gas pipeline markers at the intersection of IL Rt. 16 and Otterville road Show where the pipeline travels under the highway.
(Jersey County, IL) Spire natural gas pipeline markers at the intersection of IL Rt. 16 and Otterville road Show where the pipeline travels under the highway.

Washington, DC - After years of litigation, a federal appeals court has ruled that the Federal Energy Regulatory Commission (FERC) "cursory balancing of public benefits and adverse impacts was arbitrary and capricious." This ruling may offer some light at the end of the tunnel relief to many Illinois landowners affected by the taking and destruction of land in the path of the pipeline. The pipeline traverses the entire length of Greene and Jersey counties.

FERC Chairman Richard Glick, who has been a dissenting voice in Spire related matters before he became chair, released the following after the DC appeals court ruling:

Earlier today, the U.S. Court of Appeals for the D.C. Circuit vacated a certificate of public of convenience and necessity issued by the Federal Energy Regulatory Commission (FERC) to Spire STL LLC (Spire). The Commission is still reviewing the decision and considering what action may be appropriate in light of the court’s vacatur.

Chairman Richard Glick said that today’s decision highlights the need for the Commission to revisit its framework for determining whether an interstate natural gas pipeline is needed.

“As I noted in my 2019 dissent regarding the Spire project, the Commission must consider all relevant factors when determining the need for a project and balance the evidence of need against adverse impacts. Today’s decision shows that when FERC cuts corners with its analysis, it puts its decisions--and the investments made in reliance on those decisions--at substantial risk.”

Chairman Glick also expressed his desire to revisit the Commission’s approach to assessing the need for an interstate natural gas pipeline in its currently pending notice of inquiry (PL18-1).

“I look forward to continuing to discuss these issues with my colleagues in the hope that we can quickly agree on a legally durable approach to assessing need, among other issues.”

Read DC Court Opinion Here

This is a breaking story. More to come.

  1. Read DC Court Opinion Here (309.77 KB)