Judge Denies Dedham's Motion For Injunction Against FERC, Algonquin

U.S. District Court denied the motion for preliminary injunction that the Town of Dedham filed against the Federal Energy Regulatory Commission and Algonquin Gas Transmission. The motion asked the court to order FERC to suspend pipeline construction in Dedham by Algonquin, while FERC considers Dedham’s request to reconsider its approval of the pipeline project.

Additionally, the court also dismissed the complaint Dedham filed, which also asked that construction be suspended during FERC’s reconsideration process.

In its complaint and motion, Dedham argued that FERC has a duty to suspend construction while it considers Dedham’s request for reconsideration, because the reconsideration process may be ineffective if construction is completed takes action on the request.

Federal Judge George O’Toole ruled under federal law, specifically, the Natural Gas Act, the court does not have the power to order FERC to suspend the project.

The District Court noted that, if FERC denies Dedham’s request for reconsideration and does not rescind approval of the project, then Dedham can appeal that decision to the Court of Appeals.