Constitution

Constitution Pipeline Co. LLC is refusing to back down in its saga to get its beleaguered 124-mile natural gas pipeline approved and has petitioned the U.S. Supreme Court to review an appeals court ruling in August against the project.

FERC dealt another blow to the long-delayed Constitution Pipeline on Thursday, denying a petition for a declaratory order that the New York State Department of Environmental Conservation (DEC) waived its authority when it failed to issue a water quality certification (WQC) within a reasonable period of time.

FERC dealt another blow to the long-delayed Constitution Pipeline on Thursday, denying a petition for a declaratory order that the New York State Department of Environmental Conservation (DEC) waived its authority when it failed to issue a water quality certification (WQC) within a reasonable period of time.

A federal appeals court in Manhattan denied a petition by Constitution Pipeline LLC to rehear its lawsuit against regulators in New York State over their refusal to issue a crucial water permit for the embattled natural gas pipeline project, which would serve the Marcellus Shale.

Constitution Pipeline Co. LLC is petitioning FERC for a declaratory order that New York’s Department of Environmental Conservation (DEC) waived its authority to issue a decision on the project’s water quality certification (WQC) because it exceeded the one-year period required under the federal Clean Water Act (CWA).

(See Part 1; Part 3; Part 4)

Constitution Pipeline Co. LLC won’t back down in its fight with New York, asking the U.S. Court of Appeals for the Second Circuit on Friday for a rehearing of the court’s refusal to vacate the state’s denial of a water quality certificate (WQC) and other permits.

Less than two weeks after a federal appeals court in Manhattan declined to force regulators in New York State to issue a water permit for the Constitution Pipeline, supporters of the Northern Access expansion — another embattled project also denied a water permit — told the same court the two cases are not alike and that a different ruling is warranted.

*Part one of four. This series examines the effects New York state’s energy policies are having on Appalachian natural gas producers, consumers and the Northeast. It explores the political, operational and economic issues related to the state government’s position on natural gas. Part one explores Gov. Andrew Cuomo’s role in fermenting that position and what it’s meant for infrastructure projects trying to pass through the state.