Oregon LNG Refutes Clatsop County Preemption Claims

Oregon LNG filed an answer to Clatsop County, Oregon’s and others’ motions to intervene in its FERC LNG terminal application docket. In its answer, Oregon LNG argues that the Clatsop County land use permitting requirements are preempted by the Natural Gas Act (NGA) and that existing legal precedent clearly establishes that Clatsop County may not use its land use regulations to veto a pipeline’s construction in a manner that conflicts with FERC’s exclusive siting authority under the NGA. The answer also addresses, among other things, FERC’s authority to issue conditional orders and issues related to the Coastal Zone Management Act, the Clean Air Act, and the Clean Water Act. Oregon LNG’s answer can be accessed here, and the complete docket for the Oregon LNG project can be found on eLibrary by searching for Docket No. CP09-6.

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