Fed Court Denies NY DEC Bid to Block Power Plant Pipe Construction

Yesterday the federal Second Circuit Court of Appeals ruled against the New York Dept. of Environmental Conservation’s request to slap an ongoing block of construction for Millennium Pipeline’s Valley Lateral Project. As a quick reminder, Valley Lateral is a tiny, 7.8 mile pipeline that will connect the main Millennium line to the CPV Valley Energy Center gas-fired electric plant, currently under construction, due to be completed in the first quarter of next year. The DEC doesn’t like the power plant project (approved by the State of New York), and is using the pipeline as a political football to try and keep the plant from opening–no doubt at the direction of our corrupt governor, Andrew Cuomo. The DEC arbitrarily, after more than one year of review, ruled against issuing a federal water crossing permit for the pipeline. In an historic decision, the Federal Energy Regulatory Commission (FERC) overruled the DEC in September (see History Made! FERC Overrules NY DEC on Millennium Pipe Permit). The DEC, in a snit fit, demanded FERC not OK the beginning of construction until an army of DEC lawyers figures out a way to appeal, delay, obstruct and otherwise stop the project anyway (see NY DEC Appeals FERC Override of Millennium Pipe Decision). FERC didn’t listen to DEC, instead giving Millennium the go-ahead to begin construction (see FERC Humiliates NY DEC, Millennium Can Begin Construction on Pipe). NY sued FERC in federal court requesting an emergency stay of construction activities. The Second Circuit implemented a temporary stay. Yesterday the court dissolved that temporary stay and denied DEC’s request for a long-term stay until the full case against FERC is heard. Bottom line: Construction will likely begin TODAY…

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