Sen Clinton on U.S. District Court Ruling Against NYRI's Request to Use Eminent Domain

[The Straight Story]

Statement of Senator Hillary Rodham Clinton on U.S. District Court Ruling Against NYRI's Request to Use Eminent Domain

“The decision to dismiss the NYRI lawsuit is a win for New Yorkers who live along the proposed route,” said Senator Clinton. “I remain opposed to the current NYRI proposal, and I continue to believe that New York should have the final say on the project.”

On Friday, a federal judge in U.S. District Court in Albany dismissed a lawsuit by NYRI that challenged a state law protecting homeowners from the use of eminent domain by private power companies. Following this decision, the Department of Energy (DOE) stated that groups such as NYRI would need to spend another year trying to negotiate solutions with states. If the negotiations fail, the Federal Energy Regulatory Commission (FERC) could intervene and approve the use of eminent domain.

Earlier this month, the DOE announced the designation of a Mid-Atlantic National Interest Electric Transmission Corridor (NIETC) that includes the area in which the proposed NYRI project would be located. Under the Energy Policy Act of 2005, Congress authorized the Department of Energy to designate NIETCs in congested areas of the high-voltage power grid. The law also granted the FERC new authority to permit construction of transmission lines in the designated NIET corridors to companies like NYRI. The most problematic provision of that law gives power line permit holders, like NYRI, the right to petition in U.S. district court to acquire rights of way for the construction of transmission lines through the power of eminent domain. Under current law, a project such as NYRI would be allowed to use the new federal right of eminent domain to condemn private property along its route between Utica and Orange County.

Earlier this year, Senator Clinton joined with Senator Schumer in introducing legislation to fix the law in order to give New York and other states the final say on siting of power lines.

http://clinton.senate.gov/news/statements/details.cfm?id=286269&&