Aug. 28, 2019
“The Federal Energy Regulatory Commission (FERC) today issued an order in support of Constitution Pipeline Company, LLC, finding that the New York State Department of Environmental Conservation (NYSDEC) waived the water quality certification required under Section 401 of the federal Clean Water Act for the New York portion of Constitution’s interstate natural gas pipeline project, which was approved by the FERC in December 2014.
FERC followed a recent decision by the D.C. Circuit Court of Appeals in a case dealing with similar waiver issues (Hoopa Valley Tribe v. FERC, D.C. Cir. No. 14-1271) and reversed its earlier position on waiver, concluding that by failing to act on Constitution’s Section 401 application within the maximum statutory timeframe of one year, NYSDEC waived the Section 401 water quality certification requirements.
The Constitution project continues to represent much-needed energy infrastructure designed to bring natural gas to a region of the country confronting natural gas supply constraints that have resulted in some of the highest consumer energy prices in the country. The project sponsors are evaluating the next steps for advancing the project.”