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ARTICLE · 23 MAY 2016

Three Strikes And The Commonwealth Is Out: The Natural Gas Act Preempts Article 97

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Last week, Judge John Agostini ruled that the Natural Gas Act preempts Article 97 of the Massachusetts Constitution, which otherwise would have required a 2/3 vote of the Legislature...

United StatesEnvironment
Seth Jaffe
Seth Jaffe
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Last week, Judge John Agostini ruled that the Natural Gas Act preempts Article 97 of the Massachusetts Constitution, which otherwise would have required a 2/3 vote of the Legislature before Article 97 land could be conveyed to Tennessee Gas Pipeline Company for construction of a gas pipeline to be built in part through Otis State Forest.

Not only did Judge Agostini conclude that Article 97 is preempted, he found preemption every which way.

  • Explicit preemption – "Congress has explicitly preempted state laws and regulations with respect to construction, maintenance and expansion of interstate natural gas lines."
  • Field preemption – "Congress creat[ed] a comprehensive regulatory framework through which, among other things, the movement of natural gas through the interstate pipelines could be coordinated. Simply stated, Congress intended to 'occupy the field' through pervasive and comprehensive federal laws and regulations."

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