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NIETC 9th Circuit Ruling affirms stricter DOE compliance, halting fast-track transmission corridors pending NEPA review, state consultation, and environmental protection across Mojave Desert and Southwest, reshaping grid expansion and federal permitting for electricity demand.
Essential Takeaways
9th Circuit orders DOE to redo studies and consult states before fast-tracking transmission corridors under NEPA review.
- Court vacates DOE's fast-track corridor designations
- Requires NEPA review and robust state consultation
- Mojave Desert and Southwest lands flagged for protection
- Dozens of lawsuits culminate in 9th Circuit ruling
The federal energy department's plans to speed the placement of high-voltage transmission lines around the country has hit a roadblock - a new court ruling.
Energy officials started cooking up what they call "national interest electric transmission corridors" six years ago. That's when Congress proposed a law to create a fast-track process, allowing federal overrule on routes in some cases, that would direct more electricity to big cities.
Some corridors would cut through the Southwest United States, including California's Mojave Desert, as a California-Arizona link push drew attention. Almost immediately, environmental groups and state energy authorities objected.
The Wilderness Society and other activists said that federal environmental laws require more scrutiny when the government designates large swaths of land for construction. States including California objected that the federal Department of Energy didn't consult with local authorities, and Eastern states rejected corridors during the review as well.
More than a dozen separate lawsuits about these fast-track transmission corridors have been making their way through courts, many sparked when environmentalists sued the DOE in response. Now a three-judge panel of the 9th Circuit Court of Appeals has sided with the environmentalists and the states.
The ruling means the energy department must back up and re-start studies, as the administration was pushed to study line woes, about which cities need the most power – and which lands need the most protection.
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