Constitution Pipeline Still Waiting on “Biggie” Court Decision
Last week MDN brought you the news that a federal judge had dismissed a case brought by the Constitution Pipeline against the New York Dept. of Environmental Conservation (DEC) over the issue of denying water crossing permits for the project (see Federal Judge Rejects Constitution Pipe Request to Bypass NY DEC). What we have since come to understand is that this was one of two lawsuits filed by the Constitution against the NY DEC. In fact, it was the lesser of the two lawsuits. The “biggie” lawsuit is still not yet decided. That decision will come from the U.S. Court of Appeals for the Second Circuit–and is due to arrive within the next two months. The fate of the project hangs in the balance. Lawyers for the Constitution are confident that the court will find the DEC’s denial of permits is capricious and politically motivated, and will strip the DEC of its role in the project. If that happens, it is the equivalent of a 10.0 earthquake. The DEC will no longer play a role in federally regulated pipeline projects. Perhaps if the DEC wants to maintain a role in such projects, they ought to move forward and issue those permits now (i.e. “settle out of court”), before the ruling comes down…
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Radical green agitating groups, including the Sierra Club, Lancaster Against Pipelines, Lebanon Pipeline Awareness, Allegheny Defense Project, Clean Air Council, Concerned Citizens of Lebanon County, and Heartwood, have filed a lawsuit in the liberal U.S. Court of Appeals for the District of Columbia in an attempt to block construction of the $3 billion Atlantic Sunrise Pipeline project in Pennsylvania. Instead of waiting for the Federal Energy Regulatory Commission (FERC) to consider a so-called re-hearing of their decision to authorize Atlantic Sunrise, a group of radical green organizations are jumping the queue and going directly to court, demanding that a judge stop construction until a quorum is in effect at FERC. Yes, it’s all complicated. We’ll break it down for you. What you need to know up front is that more Big Green money is behind the lawsuit to stop Atlantic Sunrise…
As MDN previously reported, anti-fossil fuelers opposed to the Williams Atlantic Sunrise Pipeline project–a $3 billion, 198-mile pipeline running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from PA with the Williams’ Transco pipeline in southern Lancaster County–are using the same (losing) playbook to oppose Atlantic Sunrise as they used to oppose the Dakota Access Pipeline (see 
Ryan Regec owns 78 acres in Schuylkill County, PA (eastern part of the state). He plans to subdivide the property into smaller properties and sell the building lots–but the Atlantic Sunrise Pipeline is coming through a portion of the property, and Mr. Regec says that means he can’t subdivide and sell it the way he planned. Regec has, in the past, allowed surveyors from Atlantic Sunrise on his property–but recently has refused. Atlantic Sunrise (i.e. Williams) took him to court to force access to complete their surveys, and Williams just won. A judge for the U.S. Middle District Court in PA issued an order allowing Atlantic Sunrise access. A spokesman for the pipeline says the pipeline will only cut through a small portion of Mr. Regec’s 78 acres. Regec claims his subdivision plans will be destroyed. Who’s right?…
Last year an elaborate midstream drama unfolded before our very eyes. Energy Transfer Equity (ETE) pushed and prodded and poked and cajoled and insisted, and finally with the help of an inside corporate raider, forced Williams to agree to a buyout/merger (see 
A disappointing setback for the much-needed Constitution Pipeline–a $683 million, 124-mile pipeline due to run from Susquehanna County, PA to Schoharie County, NY carrying Marcellus gas. As you may recall, in April 2016, New York’s anti-drilling governor, Andrew Cuomo, decided he would cave to pressure from radical environmentalists and block the building of the federally-approved Constitution Pipeline (see 
Sometimes this regulatory stuff gives us a headache. Like today. A common practice by anti-fossil fuel nutters when opposing a pipeline project at the Federal Energy Regulatory Commission (FERC) is to request a “re-hearing” on a decision FERC has made to authorize a project. It’s just standard operating procedure. If the antis can get FERC to agree to a re-hearing, it effectively slows, even stops, an active pipeline project. So in an effort to prevent important projects from being slowed or stopped, FERC developed something called a “tolling order”–which grants FERC more time to consider whether or not a full re-hearing is justified. During the time of the tolling order (which can last up to six months), work on a pipeline continues. Sometimes the work even gets completed! Which of course drives the antis bonkers. Antis claim FERC uses tolling orders to avoid lawsuits. You see, antis can’t take their frivolous cases to a court until FERC has officially denied a re-hearing request. So by using a tolling order, FERC can drag out the process of deciding to deny a re-hearing, avoiding the inevitable frivolous lawsuit that comes with it, and work on important projects gets done. This is how things must operate in our litigious society that tolerates the antics of anti-fossil fuelers (with seemingly bottomless pockets of money to litigate every project). New wrinkle: When FERC Commissioner Norman “cry baby” Bay resigned in a huff effective Feb. 3, it left FERC without enough Commissioners (without a quorum) to vote on tolling orders, re-hearing requests, etc. So on Feb. 3, before Bay left, the existing three Commissioners delegated their authority over re-hearings and tolling orders to FERC staffers–until a new Commissioner is appointed and sworn in. Antis against Atlantic Sunrise are using the delegated tolling order issue against FERC in their attempt to stop commencement of construction on Williams’ Atlantic Sunrise Pipeline project, claiming they are being deprived of their “due process”…
The Federal Energy Regulatory Commission (FERC) approved Atlantic Sunrise in early February (see 
Ding dong–Lush is calling. A British cosmetics company (think UK version of Avon), looking to get bought-and-paid-for publicity here in the states, has donated $22,000 to the anti-Atlantic Sunrise Pipeline group, Lancaster Against Pipelines (LAP). Anti-drilling losers like those in LAP would flare out if not for the backing of companies and Big Green groups with deep pockets. Which cosmetics company did the donating? The name is Lush. You’ve never heard of them and almost certainly have never purchased any of their forgettable products–which is why they donate money to groups like LAP, to get far more exposure than advertising can buy. There’s enough nutjobs out there that will buy products from companies like Lush to make “donating” money for “causes” to these groups a profitable venture. Another funder of LAP? The Universal Unitarian Church in Lancaster, which forked over $5,000 of parishioner contributions to LAP. Hello IRS! Will you please investigate the non-profit Universal Unitarian Church for giving money to an overtly political cause? Who else is donating money to the small group of LAP rabble-rousers?…
You may recall that in April 2016, New York’s anti-drilling governor, Andrew Cuomo, decided he would cave to pressure from radical environmentalists once again and block the building of the federally-approved Constitution Pipeline (see 
An interesting article in the Harrisburg Patriot-News looks (favorably) at a trouble-making anti from Lancaster County, PA who participated in the illegal activities at Standing Rock, ND. He earnestly hopes he can attract that kind of disruption and mayhem to peaceful Amish Country in an attempt to stop the Transco Atlantic Sunrise Pipeline project from getting built. But just like Standing Rock, this effort will fail. What we found interesting is that this is an open admission of something we’ve been reporting (warning about) for months–that some of the miscreants from North Dakota are targeting the Marcellus/Utica for their next round of anarchy. There’s nothing “peaceful” about what these people do…
There’s always a few holdouts, no matter how hard you try to be reasonable. We’re talking about landowners who refuse to negotiate in good faith with pipeline companies. Earlier this month amidst a flurry of activity, the Federal Energy Regulatory Commission (FERC) handed Williams a final final final approval for its Atlantic Sunrise Pipeline project–a $3 billion, 198-mile pipeline running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from PA with the Williams’ Transco pipeline in southern Lancaster County (see 
As we reported last week, a small group of anti-fossil fuelers were planning on grabbing their sleeping bags and heading to Amish country for a sleepover at the Magic Tree House (see