NY Appeals Court Denies Constitution Pipe Motion for Rehearing

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The U.S. Court of Appeals for the Second Circuit (in liberal New York) has refused to re-hear the case against New York’s corrupt Dept. of Environmental Conservation (DEC) for its arbitrary and capricious refusal to grant a water crossing permit to Williams’ Constitution Pipeline. In August MDN brought you the sad news that the Second Circuit ruled against the Constitution Pipeline and their lawsuit against the Cuomo-corrupted DEC (see Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?). On Sept. 1st Constitution filed a request for a rehearing at the Second Circuit (see Not Lights Out for Constitution Pipe Just Yet – Rehearing Request). Last week the court responded loud and clear: NO. By our reckoning Constitution has one card left to play, and they played it a few weeks ago: Request the Federal Energy Regulatory Commission (FERC) to overrule NY DEC because the DEC took more than a year to deliver its rejection of the permit (see Constitution Pipeline Asks FERC to Override NY DEC). If FERC does grant Constitution’s request to overrule the DEC, you can expect a legal challenge from the corrupt Cuomo machine. That’s how it works in dictatorships like New York…

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