Opponents Of Weaver’s Cove LNG Take Their Case To Court

Contact:
Colin Durrant
CLF Director of Communications
(617) 850-1722

Boston, MA (June 8, 2007) A lawsuit challenging the July 2005 decision of the Federal Energy Regulatory Commission (FERC) to approve the controversial Weaver’s Cove Energy liquefied natural gas (LNG) facility in densely populated Fall River was heard today in Boston’s First Circuit Court of Appeals. Arguing against the FERC decision were the states of Rhode Island and Massachusetts, the City of Fall River , and the Conservation Law Foundation (CLF).

Opponents, bolstered by previous testimony from former terrorism adviser Richard A. Clarke and Fall River Police Chief John M. Souza, argued that locating an LNG facility in such a densely populated area is unsafe for residents and would be a target for terrorism.

CLF, the only non-governmental organization which is party to the lawsuit, argued that FERC failed to meet environmental review standards for the project. “FERC’s environmental review was completely inadequate,” said CLF staff attorney Sue Reid. “They not only understated the damage to the environment that would be done by this project, they also failed to take a hard look at less environmentally sensitive alternative locations.”

CLF is also arguing that FERC ignored federal law prohibiting such intensive development on the TauntonRiver , on which the LNG facility would be located. In 2000, the River was designated by Congress to be studied for potential permanent protection under the Wild and Scenic Rivers Act. That designation carries with it protections that prohibit federal agencies from authorizing projects that will have a direct and adverse impact on the river’s ecosystem. “Unfortunately, in this case, FERC has chosen to turn a blind eye to an important federal law meant to protect the health and survival of our nation’s most precious rivers,” argued Reid.

Friday’s oral argument in the LNG lawsuit comes at an especially difficult time for the LNG terminal proposal. On May 9, 2007, the U.S. Coast Guard issued a letter raising serious doubts about the proposal. Coast Guard approval is a legal requirement for the project’s construction. On June 4, the Massachusetts Department of Environmental Protection suspended its review of the proposal in light of the Coast Guard letter.

“The tide is turning against Weaver’s Cove,” said Ms. Reid. “CLF hopes that the Court of Appeals will force FERC to live up to its legal responsibility to provide a rigorous review of this ill-conceived, poorly planned and environmentally inappropriate scheme.”