The decision handed down by the Federal Energy Regulatory Commission found the state Department of Environmental Conservation waived its right to reject the necessary water-quality permit for the pipeline because the state agency failed to act in a timely manner. https://www.pressconnects.com/story/news/local/new-york/2019/08/29/feds-clear-way-constitution-pipeline-new-york/2150884001/
In January 2018, FERC issued an order denying the petition based on its longstanding interpretation that the withdrawal and resubmission of a 401 application restarts the one-year waiver period. Constitution sought review before the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit). While the case was pending, the D.C. Circuit issued its decision [...]
The Federal Energy Regulatory Commission has found that New York waived its water quality authority for Williams' Constitution Pipeline, giving new life to a natural gas project stalled since April 2016 when state regulators denied a permit. . . . The commission, by a 4-0 vote late Wednesday, reversed its earlier finding -- that the [...]
FERC Now Says NYSDEC Waived its Authority to Deny the Water Quality Certification On Wednesday, August 28, 2019, the Federal Energy Regulatory Commission suddenly reversed its position and now claims New York State failed to act on time when it denied the 401 water quality certification on April 22, 2016. FERC's decision contradicts the [...]
