Court rejects challenge to proposed pipeline

The Associated Press
Bellingham Herald
02 Dec 2004

DENVER - The 10th U.S. Circuit Court of Appeals on Wednesday rejected a pipeline safety group's challenge to a proposed natural gas pipeline that would cross Whatcom County on its way from Canada back into Canada.

The ruling does not clear the project. The 10th Circuit still is considering whether Washington state and Whatcom County waived jurisdiction over the pipeline by missing deadlines for reviewing applications for the pipeline project.

In Wednesday's case, Fuel Safe Washington challenged the Federal Energy Regulatory Commission's decision to approve the 47 miles of pipeline, a joint project of Salt Lake City-based Williams Northwest Pipeline and British Columbia Hydro and Power Authority.

The $248 million line would stretch from a point on the U.S.-Canadian border near Sumas, and cross part of Whatcom County before connecting to an existing pipeline on Vancouver Island, where it would fuel a proposed power plant.

Fuel Safe argued that FERC's environmental review of the project was inadequate, that FERC failed to consider alternative Canadian routes for the pipeline, and that the agency has no jurisdiction over the pipeline because it wouldn't cross state lines.

A three-judge panel of the 10th Circuit unanimously rejected those claims Wednesday. The panel said the environmental review was adequate, and that Fuel Safe could not argue that FERC lacks jurisdiction because it failed to make that argument during earlier hearings before the agency
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