Denying 125-Mile Pipeline
Called ‘Arbitrary, Capricious’
ALBANY – Constitution Pipeline Company, LLC today challenged the state DEC’s decision blocking the 125-mile natural-gas transmission line in the U.S. Circuit Court of Appeals, Second District, the company announced a few minutes ago.
The state Department of Environmental Conservation last month denied the company’s request for a Section 401 Water Quality Certification under the Clean Water Act.
The challenge says that denial was “arbitrary and capricious and constitutes an impermissible challenge to the Federal Energy Regulatory Commission’s Certificate of Public Convenience and Necessity which was issued to the company in December 2014.
Also today, the company filed an action with the U.S. District Court for the Northern District of New York seeking a declaration that the State of New York’s authority to exercise permitting jurisdiction over certain other environmental matters is preempted by federal law, according to a press release.