Weaver’s Cove Asserts Massachusetts’ Application of Environmental Permitting Regulations Violates U.S. Constitution

On Monday, Weaver’s Cove Energy filed a complaint in the federal district court for the District of Massachusetts seeking: (1) to declare that certain sections of the General Laws of Massachusetts and the Code of Massachusetts Regulations have no legal effect because they are preempted by the Natural Gas Act; (2) to declare that the state review of the Weaver’s Cove activities has unconstitutionally burdened commerce, and therefore, has no legal effect; and (3) to enjoin the State of Massachusetts from further reviewing the company’s proposed LNG terminal.

Gordon Shearer, CEO of Weaver’s Cove Energy, told the Providence Journal that the complaint was filed because the bureaucratic delays in the state permitting process have become unreasonable. Shearer further noted, “FERC said clearly that states can impose conditions, but not conditions that frustrate the federal authorization.”

Separately, E&E News offers an interview with Gordon Shearer.

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