Judge William Skretny
National Fuel planned to build a compressor station in defendant town. In March 2011 it sought a certificate of public convenience (Certificate) from the Federal Energy and Regulatory Commission (FERC). It sought a special use permit from the town in July. FERC’s Certificate required National Fuel to make “all reasonable efforts” to maintain “predicted noise levels.” Further, National was to file reports and install additional controls if noise attributed to its compressor station at full load exceeded a day-night average sound level of 55 decibels at any nearby noise sensitive area. By contrast Special Conditions 3 and 4 of the town’s permit imposed a stricter decibel requirement and mandated the station not exceed three decibels over “background ambient noises as determined by FERC.” The court held the town’s permit inconsistent with—and interfered with—the Certificate, and was thus preempted by federal law. Because FERC considered and set limits on noise levels in connection with the compressor station, the FERC Certificate preempts local regulation on the subject. However, a permanent injunction was unnecessary. There was no evidence tending to show that the town would seek to enforce the permit despite the court’s order.
