Constitution Pipeline’s Future in Doubt Following FERC Decision

WASHINGTON, D.C. -- Today, the Federal Energy Regulatory Commission (FERC) dealt a major blow to the Constitution Pipeline after rejecting the pipeline builder’s petition for a declaratory order that the New York State Department of Environmental Conservation (DEC) took too long to consider a crucial water quality certification. This denial reaffirms states' rights to review the impacts of these projects on their water.

While FERC is the federal body charged with regulating interstate gas pipelines, section 401 of the Clean Water Act gives individual states the authority to reject projects that would degrade their water quality. New York had exercised that authority when it rejected the pipeline in September of 2016, but Constitution Pipeline Co., LLC challenged that decision, saying DEC failed to act in a reasonable amount of time. Represented by Earthjustice, Sierra Club and its partners intervened to oppose Constitution’s argument that New York had waived its Clean Water Act authority.

In response, Sierra Club Beyond Dirty Fuels Campaign Director Kelly Martin released the following statement:

"We are happy to see FERC finally reaffirming the authority of states to protect their water from these dirty, dangerous pipelines. This is a victory for the people of New York and everyone concerned about the threat these dirty fossil fuel projects pose to our communities and our planet. We celebrate with the people of New York, Governor Cuomo, and everyone who has fought this project every step of the way."