FERC Rejection of New York Rehearing Request Continues Dangerous Trend

WASHINGTON, D.C. -- Yesterday, the Federal Energy Regulatory Commission (FERC) rejected New York’s request for a rehearing and stay of FERC’s September 15, 2017 Declaratory Order, which found that New York waived its authority to issue a water quality certification for the Valley Lateral Project. Simultaneously, FERC denied New York’s Request for Stay of the Notice to Proceed.

Under Section 401 of the Clean Water Act, states must certify that a pipeline will not violate their clean water standards before construction on that pipeline can begin. The New York State Department of Environmental Conservation previously refused to issue the certification to Millennium Pipeline Company, but FERC attempted to override that by arguing the state took too long.

Both of Donald Trump’s appointees to FERC, Neil Chatterjee and Robert Powelson, were asked about this very issue in their confirmation hearings. When asked whether they would respect the sovereignty of states to make energy and water quality decisions for themselves, both repeatedly professed support for the concept of state authority and a willingness to uphold existing law protecting that authority.

In response, Sierra Club Atlantic Chapter Director Roger Downs released the following statement:

"FERC’s refusal to rehear this case is just another example of Donald Trump’s nominees saying one thing and then doing another once the spotlight is gone. New Yorkers unquestionably have the authority to rule whether a dirty, dangerous fracked gas pipeline violates our clean water laws, and nowhere is FERC granted the right to override that authority. New Yorkers know better than anyone that Donald Trump cares more about advancing his agenda of protecting corporate polluter profits over the rights of Americans to have clean water. We are grateful to Gov. Cuomo for standing strong with frontline communities on these issues.”