Department of Energy Corridors Gone for Now

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	Department of Energy Transmission Corridors Gone (!!) Dear Richard, Going back a few years, do you remember the National Interest Electric Transmission Corridors, aka, the NIETCs? These corridors made it possible for utilities to use federal eminent domain (or threaten to use it) for the siting of transmission lines. Well, we just found out that we won our 9th Circuit case against the Department of Energy designations --and as of today, they're gone! The 9th Circuit Court eliminates the corridor designations, ruling that DOE failed to conduct an environmental review as required by the National Environmental Policy Act and failed to consult with affected states. Here's a quote from the opinion: "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." While this doesn't change things for those who are being impacted by the 500-kV TrAIL line, going forward, it takes away a major power company advantage, and could have a big impact on future transmission line proposals, including the 765-kV PATH line proposal currently under review. We're just digesting the court decision now, but wanted to send it around right away: View the 9th Circuit Decision Very best, Bri West Piedmont Environmental Council bwest@pecva.org 540-347-2334 Received this from a friend? Sign up to receive alerts and news from PEC.