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.
October 2019
STP’s Request for Rehearing
STP tells FERC it lacks jurisdiction to issue the Waiver Order, and even if it had jurisdiction, its order is factually inaccurate, contrary to law, and inequitable.
FERC’s Waiver Order II
FERC Now Says NYSDEC Waived its Authority to Deny the Water Quality Certification
September 2019
US Climate Strikes | September 20, 2019
This Friday is going to be a huge day for the climate movement both here in the U.S., and all across the world as young leaders and adults take to the streets to demand bold [...]
Will the Constitution Pipeline get built?
A regulatory agency like FERC should not be allowed to unilaterally upend what the courts decide
Gov. Cuomo on WAMC’s Roundtable 9/6/19 SEP 6, 2019
The segment on the Constitution Pipeline starts at 26:50 and ends at 28:18. Alan Chartock, "What do you do now?" Governor Cuomo, "We contest it anyway we can." [Governor Cuomo goes on to describe [...]
Cuomo on Constitution Pipeline: ‘Any way that we can challenge it, we will’
September 6, 2019 Governor Cuomo called a decision by the Federal Energy Regulatory Commission "disrespectful of states' rights" and criticized the Trump administration for overstepping its bounds before vowing to fight the ruling. https://www.pressconnects.com/story/news/local/new-york/2019/09/06/cuomo-constitution-pipeline-any-way-we-can-challenge-it-we-will/2231330001/
