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Do Environmental Statutes Provide a Better Way?

Environmental statutes
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Do Environmental Statutes Provide a Better Way?

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The inescapable conclusion to be drawn from the foregoing discussion is that FERC is somewhat insulated from environmental justice challenges, raising the potential for abuse when the Commission decides on important matters impacting low-income and minority communities. The remainder of this Note will question why FERC is not obligated to consider environmental justice, and then explore how environmental statutes may offer petitioners the best opportunity to advance environmental justice arguments against the Commission. A.FERC and Environmental Justice FERC has only dealt directly with environmental justice on a handful of occasions.215 Interestingly, upon initial consideration of the issue, FERC seemed willing to abide by the Executive Order on environmental justice. In ruling on a 1997 pipeline proposal, the Commission determined that it complied . . . with the directives of Executive Order No. 12,898, and considered whether [the pipeline] would have a disproportionately high and ad

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