Today, the Federal Energy Regulatory Commission issued its decision on a petition filed by Constitution Pipeline that claimed that the New York DEC’s denial of permits for the pipeline came after the one-year deadline and the state had waived its right to act.
From the FERC order: “On October 11, 2017, Constitution Pipeline Company, LLC (Constitution) filed
a petition for declaratory order, pursuant to Rule 207 of the Commission’s Rules of
Practice and Procedure,1 asking the Commission to find that, under section 401(a)(1) of
the Clean Water Act,2 the New York State Department of Environmental Conservation
(New York DEC) waived its authority to issue a water quality certification for the
Constitution Pipeline Project. Constitution asserts that New York DEC failed to act
within the statute’s time limit.3 For the reasons discussed below, we deny Constitution’s