A delegation of Arkansas congressmen sent a letter this week to Secretary of the Department of Energy
Rick Perry, urging him to review the Clean Line project, a transmission line that runs through Arkansas, Oklahoma and Tennessee.
The Arkansas Public Service Commission rejected the proposed project, but the Department of Energy (DOE) used Section 1222 of the Energy Policy Act of 2005 to authorize its development and construction. This is the first time DOE has used this provision in this way.
The delegation, comprised of U.S. Sens. Tom Cotton (R-AR) and John Boozman (R-AR) and U.S. Reps. Rick Crawford (R-AR), French Hill (R-AR), Steve Womack (R-AR) and Bruce Westerman (R-AR), said in the letter that they oppose the project, as they believe it is a violation of private property and states’ rights.
“Not only are Arkansans facing the prospect of losing their property due to a decision by the federal government, but your department risks codifying into law the practice of federal eminent domain seizures,” the delegation’s letter said. “This dangerous precedent is antithetical to your distinguished record as a champion for states’ rights in the face of federal overreach.”
On Mar. 6, the congressmen reintroduced the Assuring Private Property Rights Over Vast Access to Lands (APPROVAL) Act, a bill that would require that DOE attain the authorization of both the governor and the public service commission of an affected state before exercising the federal power of eminent domain to acquire property for Section 1222 transmission projects.
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