Algonquin Gas Transmission v. Weymouth Conservation Comm.
919 F.3d 54
1st Cir.2019Background
- Algonquin obtained a FERC certificate of public convenience and necessity (CPCN) to build the Weymouth Compressor Station as part of its Atlantic Bridge Project; the CPCN is conditioned on a Massachusetts CZMA consistency determination.
- The proposed compressor site lies within/adjacent to wetlands and Massachusetts coastal zones; state and local permits (Massachusetts WPA and Weymouth WPO) were required before CZMA review could conclude.
- Weymouth Conservation Commission denied Algonquin's local wetlands (WPO/WPA) permit applications, citing safety, hurricane/explosion risks, and unmitigable environmental/aesthetic impacts.
- MassDEP reversed Weymouth's WPA denial but stayed finalization of that decision pending resolution of whether federal law preempts Weymouth’s WPO as applied; Massachusetts OCZM will not issue a CZMA consistency determination until applicable state permits are final.
- Algonquin sued in federal district court seeking declaratory and injunctive relief that Weymouth’s ordinance is preempted as applied; the district court granted summary judgment for Algonquin on conflict and field preemption grounds; Weymouth appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness / statute of limitations | Algonquin: equitable federal preemption claim not time-barred; laches governs, not state certiorari period | Weymouth: borrow Massachusetts certiorari 60-day limit; Algonquin filed too late | Court: Claim is equitable; laches applies. Weymouth waived laches defense; claim not time-barred |
| Ripeness | Algonquin: dispute ripe because a decision would remove the principal impediment to CZMA review and construction | Weymouth: conditional FERC approval and outstanding state approvals make review advisory | Court: Ripe — factual development unlikely to alter legal issue; resolution would remove procedural logjam |
| Field preemption (scope of NGA/FERC authority) | Algonquin: NGA/FERC occupies field of interstate pipeline siting, safety, environment | Weymouth: local regulation survives; NGA does not occupy the entire field | Court: Declines to decide broad field-preemption; resolves case on narrower conflict preemption grounds |
| Conflict preemption (effect of FERC CPCN) | Algonquin: FERC’s CPCN, after NEPA and detailed environmental/safety review, conflicts with and preempts local WPO denial | Weymouth: FERC certificate is conditional and thus cannot preempt; Algonquin failed to reasonably seek local approval; unclean hands | Court: FERC’s CPCN (despite conditions) and its environmental/safety balancing conflict preempt Weymouth WPO denial; no evidence of bad faith or prejudice to invoke unclean hands |
Key Cases Cited
- Oneok, Inc. v. Learjet, Inc., 135 S. Ct. 1591 (2015) (sets conflict preemption standard)
- Weaver's Cove Energy, LLC v. R.I. Coastal Res. Mgmt. Council, 589 F.3d 458 (1st Cir. 2009) (federal approvals with outstanding conditions can still preempt local barriers)
- City of Fall River v. FERC, 507 F.3d 1 (1st Cir. 2007) (ripeness concerns when multiple unresolved approvals remain)
- Holmberg v. Armbrecht, 327 U.S. 392 (1946) (equitable claims governed by laches rather than state statutes of limitation)
- Cope v. Anderson, 331 U.S. 461 (1947) (when legal and equitable remedies both exist, limitations may bar equitable relief)
- Armstrong v. Exceptional Child Center, Inc., 135 S. Ct. 1378 (2015) (federal law may preempt state/local regulation and federal relief can include injunctions/declaratory relief)