DOE is resorting to a small provision that has never been used, from a law passed more than a decade ago. This law states that it does not “affect any requirement of any Federal or State law relating to the siting of energy facilities.” In other words, even though the Obama Administration approved the project, many legal experts think that Clean Line and DOE must return to the Arkansas Public Service Commission for final approval on the project’s location.
Library filed under Energy Policy from Arkansas
“Basically this decision says that Washington, D.C., knows more than the people of Arkansas do about whether to build across the state giant, unsightly transmission towers to carry a comparatively expensive, unreliable source of electricity to the Southeast where utilities may not need the electricity. This is the first time federal law has been used to override a state's objections to using eminent domain for siting electric transmission lines. It is absolutely the wrong policy.”