Sens. Warner, Kaine introduce bill to give public more say in pipeline proposals

Published on September 19, 2022 by Dave Kovaleski

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U.S. Sens. Mark Warner (D-VA) and Tim Kaine (D-VA) are sponsoring legislation to strengthen the public’s ability to evaluate natural gas pipelines being considered by the Federal Energy Regulatory Commission (FERC) and provide input on them.

Their bill – the Pipeline Fairness, Transparency, and Responsible Development Act – would make it easier for the public to offer FERC input and clarify the circumstances under which eminent domain may be used. The bill would also require public comment meetings to be held in every locality through which a pipeline would pass at every stage of the review process. This would minimize situations where individuals are forced to commute long distances with little time to comment. Additionally, the bill would improve the process by which landowners are notified of a pipeline application.

“Communities and landowners who would be impacted by an energy project deserve to have their concerns heard—especially if a green light from FERC means their land would be taken away,” Warner Kaine said in a joint statement. “Our bill would improve the way FERC gathers public input to make sure the public can weigh in on decisions that would literally run through their backyards.”

Among other provisions, it would specify that eminent domain takings of land under conservation easement be given fair compensation not just for the land value but for the lost conservation value of the land.

“The Appalachian Trail Conservancy applauds Senators Kaine and Warner for their efforts to protect our National Scenic Trails,” Sandra Marra, president and CEO of the Appalachian Trail Conservancy, said. “The Pipeline Fairness Act requires regulators like FERC to examine the large and lasting impacts proposed developments could have on our irreplaceable public lands. We look forward to continuing our work with the Senators and other elected officials on behalf of all National Scenic Trails, ensuring that they continue to benefit millions of visitors, thousands of volunteers, and hundreds of trailside communities.”