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.
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.
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 [...]
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/
Former EPA Region 2 Administrator Judith Enck points out that all the reasons why the DEC rejected the permit and all of the community concerns are still there, regardless of what she characterizes as "FERC's [...]
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 [...]
FERC Finds Waiver of 401 Certification for Constitution Pipeline on Remand from D.C. Circuit August 29, 2019
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. [...]
FERC puts Constitution Pipeline back on track, finding New York waived water authority August 29, 2019
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 [...]
FERC Says DEC Had the Right to Deny the 401 Water Quality Certification