FERC Declines to Overrule NY DEC re Constitution Pipe 2nd Time

One more thread has broken that holds together hope that Williams’ Constitution Pipeline will ever get built. Perhaps the final thread. Yesterday the Federal Energy Regulatory Commission (FERC) issued a ruling denying a rehearing request on the project–the second time they have done so. The Andrew Cuomo-corrupted NY Dept. of Environmental Conservation (DEC) refused to grant the pipeline project necessary federal stream crossing permits, blocking construction, in April 2016 (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). Williams asked the Federal Regulatory Commission (FERC) to overrule DEC and allow construction to begin. In January of this year, FERC denied that request (see Death of the Constitution Pipeline? FERC Refuses to Overrule NY DEC). In February of this year, Williams asked FERC to reconsider their denial. FERC’s response yesterday: No. Meanwhile, Williams had filed a lawsuit in federal court that eventually was appealed to the U.S. Supreme Court. In April, the Supremes refused to hear the case, shutting down that avenue (see Supreme Court Rejects Constitution Pipe Request to Overrule NY). As we’ve previously written, we now see only two remaining threads of hope–and they are very thin threads at that: (1) NY elects Cuomo’s Republican rival as governor and he reverses course and permits the project (about a snowball’s chance in Hades that Republican Marc Molinaro will win), and (2) President Trump signs an executive order overruling NY. That second thread is about the best chance Constitution now has. And even if Trump were to issue an executive order, we expect NY would go to court to try and stop it, dragging it out for years. As sad as we are to say this, for all intents and purposes, Constitution is dead…

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