Court denies Constitution Pipeline appeal
ALBANY – In another blow to the Constitution Pipeline, a federal court of appeals has backed the New York State DEC’s denial of water quality permits for the controversial natural gas pipeline.
In 2016, Constitution Pipeline, the would-be proprietor of the proposed 124-mile long natural gas pipeline, sued to overturn NYSDEC’s decision.
With that lawsuit denied by the U.S. Court of Appeals for the Second Circuit on Friday, the project is stalled indefinitely.
In a statement issued Friday, the three-judge panel wrote that NYSDEC “is responsible for evaluating the environmental impacts of a proposed pipeline on New York waterbodies in light of the state’s water quality standards.”
The court also said it will “defer to NYSDEC’s expertise as to the significance of the information requested from Constitution, given the record evidence supporting the relevance of that information to NYSDEC’s certification determination.”
The proposed pipeline route originates in Susquehanna County, Penn., and terminates in the Town of Wright in Schoharie County, NY. The line would connect to two existing interstate natural gas pipelines at Wright: Iroquois Gas Transmission (which extends to the NYC area) and the Tennessee Gas Pipeline (which serves parts of New England).
Localities along the route, notably in Delaware and Chenango counties, planned gas distribution which proponents say would lower energy costs for area homeowners and businesses.
Constitution Pipeline says the court’s latest decision is a setback, but not the end of the line.
“The Constitution Pipeline represents a transformational opportunity for New York and New England to uplift their economies, create short- and long- term jobs, reduce energy costs for consumers and businesses and also address concerns about air quality,” the company said in a statement Friday.
The statement adds that the Second Circuit “recognized the jurisdiction of the D.C. Circuit, and the D.C. Circuit has recently acknowledged FERC’s authority to make the ultimate decision under the Natural Gas Act. While we would have preferred an immediate path to construction, we are pleased with the court’s resolution of this jurisdictional issue.”
The Constitution Pipeline Company received approval from the Federal Energy Regulatory Commission in 2014, but needed state permits to build.
In Chenango County, the Constitution route cuts through the towns of Bainbridge and Afton, near the I-88 corridor.
Despite some objections, the Chenango County Board of Supervisors supported the project by resolution in 2015, citing potential economic benefits to local communities. The line would save an estimated $70,000 in annual heating costs for the Afton School District alone, according to Afton Supervisor John Lawrence.
The pipeline, if it ever moves forward, would connect to two existing interstate natural gas pipelines in Schoharie: the Iroquois Gas Transmission, which extends to NYC metropolitan area; and the Tennessee Gas Pipeline, which serves markets in New England.
Constitution says the project would generate approximately $17 million in new sales and income tax revenue, and have a projected annual property tax benefit of $1.3 million in Chenango County.
In protest, Reclaim New York, a nonprofit focused on issues like affordability, transparency, and education in New York, issued a statement denouncing the federal appeals court decision.
“Stomping on this needed natural gas pipeline is another boot on the neck of residents and businesses who want jobs and more cost-effective energy,” said Reclaim New York Southern Tier Regional Director George Phillips.
“New Yorkers already pay some of the highest energy prices in the country,” he said. “The state is only making that burden worse by standing in the way of natural gas, and forcing taxpayers and ratepayers to subsidize other expensive forms of energy.”
Submitted photo
This January 2013 map provided by Constitution Pipeline shows the company's preferred route for the project.
In 2016, Constitution Pipeline, the would-be proprietor of the proposed 124-mile long natural gas pipeline, sued to overturn NYSDEC’s decision.
With that lawsuit denied by the U.S. Court of Appeals for the Second Circuit on Friday, the project is stalled indefinitely.
In a statement issued Friday, the three-judge panel wrote that NYSDEC “is responsible for evaluating the environmental impacts of a proposed pipeline on New York waterbodies in light of the state’s water quality standards.”
The court also said it will “defer to NYSDEC’s expertise as to the significance of the information requested from Constitution, given the record evidence supporting the relevance of that information to NYSDEC’s certification determination.”
The proposed pipeline route originates in Susquehanna County, Penn., and terminates in the Town of Wright in Schoharie County, NY. The line would connect to two existing interstate natural gas pipelines at Wright: Iroquois Gas Transmission (which extends to the NYC area) and the Tennessee Gas Pipeline (which serves parts of New England).
Localities along the route, notably in Delaware and Chenango counties, planned gas distribution which proponents say would lower energy costs for area homeowners and businesses.
Constitution Pipeline says the court’s latest decision is a setback, but not the end of the line.
“The Constitution Pipeline represents a transformational opportunity for New York and New England to uplift their economies, create short- and long- term jobs, reduce energy costs for consumers and businesses and also address concerns about air quality,” the company said in a statement Friday.
The statement adds that the Second Circuit “recognized the jurisdiction of the D.C. Circuit, and the D.C. Circuit has recently acknowledged FERC’s authority to make the ultimate decision under the Natural Gas Act. While we would have preferred an immediate path to construction, we are pleased with the court’s resolution of this jurisdictional issue.”
The Constitution Pipeline Company received approval from the Federal Energy Regulatory Commission in 2014, but needed state permits to build.
In Chenango County, the Constitution route cuts through the towns of Bainbridge and Afton, near the I-88 corridor.
Despite some objections, the Chenango County Board of Supervisors supported the project by resolution in 2015, citing potential economic benefits to local communities. The line would save an estimated $70,000 in annual heating costs for the Afton School District alone, according to Afton Supervisor John Lawrence.
The pipeline, if it ever moves forward, would connect to two existing interstate natural gas pipelines in Schoharie: the Iroquois Gas Transmission, which extends to NYC metropolitan area; and the Tennessee Gas Pipeline, which serves markets in New England.
Constitution says the project would generate approximately $17 million in new sales and income tax revenue, and have a projected annual property tax benefit of $1.3 million in Chenango County.
In protest, Reclaim New York, a nonprofit focused on issues like affordability, transparency, and education in New York, issued a statement denouncing the federal appeals court decision.
“Stomping on this needed natural gas pipeline is another boot on the neck of residents and businesses who want jobs and more cost-effective energy,” said Reclaim New York Southern Tier Regional Director George Phillips.
“New Yorkers already pay some of the highest energy prices in the country,” he said. “The state is only making that burden worse by standing in the way of natural gas, and forcing taxpayers and ratepayers to subsidize other expensive forms of energy.”
Submitted photo
This January 2013 map provided by Constitution Pipeline shows the company's preferred route for the project.
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