FERC Capriciously Reverses Course

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FERC Capriciously Reverses Course

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 way states have interpreted the Clean Water Act for decades, erodes states’ rights, and is an overly broad interpretation of Hoopa Valley Tribes, a case decided by the D.C. Circuit earlier this year.

Stop the Pipeline (STP) will challenge FERC’s decision and needs your financial support to do so. We must continue to Protect Our Water and make sure this unneeded pipeline does not destroy our forests, streams, and wetlands.

November 2021

February 2020

January 2020

STP files Petition for Review of FERC’s orders in the U.S. Court of Appeals for the Second Circuit

On January 10, 2020, Stop the Pipeline (STP) filed a Petition for Review of FERC's orders in the U.S. Court of Appeals for the Second Circuit. STP's Petition was docketed on January 15, 2020 as Case No. 20-158.

December 2019

FERC issues Final Order Declaring NYSDEC Waived its Right to Deny the 401 Water Quality Certification

On December 12, 2019, FERC issued a final order denying the Stop the Pipeline's (STP's) request for rehearing. In January 2020, STP will file a petition asking the U.S. Court of Appeals for the Second Circuit to review FERC's declaration that the NYS DEC waived its right to deny the 401 water quality certification. It usually takes about six months to submit the required briefs and another six months for the court to issue an order.

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2019-09-09T21:02:23-05:00