Quantcast

Feds Turn Down Permit for Flaming Gorge Pipeline

Earthjustice

Today, the Federal Energy Regulatory Commission (FERC) closed the door on what will hopefully be the last attempt to permit the Flaming Gorge Pipeline. FERC denied a request for rehearing from Aaron Million’s company, Wyco Power and Water, Inc.—an attempted “do-over” on FERC’s earlier denial of a preliminary permit. The Colorado developer has spent several years, and a claimed $5 million, attempting to launch this ill-conceived boondoggle. His proposal has been met with stiff opposition from conservation groups, individuals and local communities and businesses. Now, FERC has provided a point-by-point refutation of Wyco’s application and rehearing request, and left no doubt that this pipeline remains a pipe dream.

FERC’s order recognized that the Flaming Gorge Pipeline proposal is poorly defined, and the approval process would be “difficult and lengthy” due to the opposition and controversy surrounding the project. As a result, FERC states that it would be premature to issue the permit for the project at this time. Importantly, FERC also made clear that it would not license the entire 501-mile water conveyance project. FERC is now the second agency to reject Mr. Million’s attempts to review and approve the pipeline, following the Army Corps of Engineers’ termination of its review of the project in 2011.

McCrystie Adams, staff attorney for Earthjustice, had the following statement on FERC’s action:

“The Flaming Gorge Pipeline would be one of the biggest, most expensive, most environmentally damaging water projects in the history of the western United States. FERC got it right when they dismissed the permit application, and got it right again today when they denied Mr. Million’s rehearing request. We hope this will finally put an end to Mr. Million’s attempt to profit at the expense of one of the West’s last great rivers and the fish and wildlife, as well as the local economies, which depend on it.

“This project—and any similar, large-scale transbasin diversions—is the worst way to meet Colorado’s water challenges. Such a project is unnecessary and distracts us from the important work we must do to build a secure water future. Unfortunately, we cannot be confident that this project is dead until Mr. Million and those who might follow his path abandon this futile scheme. We will continue to work to ensure that the Green River is protected and that this and other assaults on the West’s rivers do not succeed.”

The Flaming Gorge Pipeline is a massive transbasin water supply project that would annually take approximately 81 billion gallons (250,000 acre-feet) of water from the Flaming Gorge Reservoir and the Green River and pipe it more than 500 miles over the Continental Divide to Colorado’s Front Range and southeastern Wyoming. This diversion would have devastating impacts on the native fish and wildlife in the Green and Colorado Rivers, batter regional recreational opportunities and jobs that depend on river flows, and potentially be a fatal blow to one of the West’s last great rivers. The plight of the Green River and the impacts of the proposed Flaming Gorge Pipeline were highlighted this week when American Rivers declared it #2 on its list of “most endangered rivers” in the U.S.

After an attempt at permitting through the Army Corps of Engineers was rejected last year, Aaron Million’s new company Wyco Power and Water, Inc. turned to the FERC. In February, FERC, acting well within its discretion and following its governing regulations, dismissed Wyco’s preliminary permit application as “premature.”

FERC, in its review of the preliminary permit application, rightly found that Wyco would be unable to gain the many authorizations and the design certainty necessary to file a license application within the three year permit term. Again failing to take “no” for an answer, Wyco then requested a rehearing, yet failed to provide any meaningful evidence or arguments that FERC got it wrong the first time. FERC’s ruling today upheld its earlier finding and left it clear that Wyco’s application is without merit.

Earthjustice had intervened in FERC’s preliminary permit review and filed papers urging the agency to deny the rehearing request. Earthjustice represents a coalition of ten conservation groups with interests throughout the Colorado River Basin: Sierra Club, Center for Biological Diversity, Rocky Mountain Wild, Save the Poudre: Poudre Waterkeeper, Biodiversity Conservation Alliance, Wyoming Outdoor Council, Citizens for Dixie’s Future, Glen Canyon Institute, Living Rivers: Colorado Riverkeeper, and Utah Rivers Council.

For more information, click here.

EcoWatch Daily Newsletter

A timelapse video shows synthetic material and baby fish collected from a plankton sample from a surface slick taken off Hawaii island. Honolulu Star-Advertiser / YouTube screenshot

A team of researchers led by the National Oceanic and Atmospheric Administration didn't intend to study plastic pollution when they towed a tiny mesh net through the waters off Hawaii's West Coast. Instead, they wanted to learn more about the habits of larval fish.

Read More Show Less
Two silver-backed chevrotain caught on camera trap. The species has only recently been rediscovered after being last seen in 1990. GWC / Mongabay

By Jeremy Hance

VIETNAM, July 2019 – I'm chasing a ghost, I think not for the first time, as night falls and I gather up my gear in a hotel in a village in southern Vietnam. I pack my camera, a bottle of water, and a poncho; outside the window I can see a light rain.

Read More Show Less
Sponsored
Flooding in New Orleans from Hurricane Katrina on Sept. 11, 2005. NOAA Photo Library / Lieut. Commander Mark Moran

The most destructive hurricanes are three times more frequent than they were a century ago, new research has found, and this can be "unequivocally" linked to the climate crisis.

Read More Show Less

By George Citroner

The Office of Disease Prevention and Health Promotion and the World Health Organization currently recommend either 150 minutes of moderate intensity exercise (walking, gardening, doing household chores) or 75 minutes of vigorous aerobic exercise (running, cycling, swimming) every week.

But there's little research looking at the benefits, if any, of exercising less than the 75 minute minimum.

Read More Show Less
Mary Daly, president of the San Francisco Federal Reserve Bank, poses for a photograph. Nick Otto / Washington Post / Getty Images

It seems the reality of the climate crisis is too much for the Federal Reserve to ignore anymore.

Read More Show Less
Sponsored

Passengers trying to reach Berlin's Tegel Airport on Sunday were hit with delays after police blocked roads and enacted tighter security controls in response to a climate protest.

Read More Show Less
A military police officer in Charlotte, North Carolina, pets Rosco, a post-traumatic stress disorder companion animal certified to accompany him, on Jan. 11, 2014. North Carolina National Guard

For 21 years, Doug Distaso served his country in the United States Air Force.

He commanded joint aviation, maintenance, and support personnel globally and served as a primary legislative affairs lead for two U.S. Special Operations Command leaders.

But after an Air Force plane accident left him with a traumatic brain injury, post-traumatic stress disorder (PTSD), and chronic pain, Distaso was placed on more than a dozen prescription medications by doctors at the U.S. Department of Veterans Affairs (VA).

Read More Show Less
(L) Selma Three Stone Engagement Ring. (R) The Greener Diamond Farm Project. MiaDonna

By Bailey Hopp

If you had to choose a diamond for your engagement ring from below or above the ground, which would you pick … and why would you pick it? This is the main question consumers are facing when picking out their diamond engagement ring today. With a dramatic increase in demand for conflict-free lab-grown diamonds, the diamond industry is shifting right before our eyes.

Read More Show Less