FERC Wins Lawsuit Against Sierra Club re NFG’s Northern Access Pipe
National Fuel Gas Company (NFG) and its pipeline subsidiary Empire Pipeline have worked on a plan to build the Northern Access Pipeline since 2016. Northern Access is a 97-mile project from McKean County in Pennsylvania into and through Allegany, Cattaraugus, and Erie counties in New York that will flow Marcellus gas into New York State. The project was repeatedly delayed by the radicals of the Andrew Cuomo (now Kathy Hochul) administrations in NY. NFG still wants to build the project but needs more time. The Federal Energy Regulatory Commission (FERC) gave NFG an extra 35 months to get the project done in a decision in June 2022. The Sierra Club challenged FERC’s time extension. On Friday the U.S. Court of Appeals for the District of Columbia (DC Circuit) rejected the Clubbers and said FERC properly extended the time to build the project.
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National Fuel Gas Company (NFG) and its pipeline subsidiary Empire Pipeline have worked on a plan to build the Northern Access Pipeline since 2016. Northern Access is a 97-mile project from McKean County in Pennsylvania into and through Allegany, Cattaraugus and Erie counties in New York, that will flow Marcellus gas into New York State. The project was repeatedly delayed by the radicals of the Andrew Cuomo (now Kathy Hochul) administration. NFG says it still wants to build the project, but needs more time. The Federal Energy Regulatory Commission (FERC) just gave NFG an extra 35 months to get the project done.
Pipeline builder Otis Eastern, headquartered in Wellsville, NY (western part of Upstate) has built a lot of pipelines throughout the northeast since its founding in 1936. In recent years the company has worked on a number of Marcellus/Utica projects, including Energy Transfer’s Mariner East 2 project and National Fuel Gas Company’s Marcellus Gas to Market project. Otis is selling itself for an undisclosed amount to a much larger company, Artera Services, LLC, based in Atlanta, Georgia.
A landowner in Allegany County, NY who tried to block National Fuel Gas Company (NFG) from crossing her property with its Northern Access Pipeline to flow PA fracked gas into the Empire State, has failed. Last week New York’s highest court, called the State Court of Appeals, overturned a lower court ruling. The high court decision clears the way for NFG to use eminent domain to cross the woman’s property when (not if) the pipeline gets built.
Another bump in the road for National Fuel Gas Company and their Northern Access Expansion pipeline project. Not a major hurdle. Not an apocalypse. Not the end of the line. A bump. The Appellate Division of New York State Supreme Court (in NY, Supreme Court is a low court, one step up from county court), overturned the decision of the lower Supreme Court granting NFG the power of eminent domain to build Northern Access, a project not scheduled to get built until 2022. The attorney who won the case against NFG proclaimed without eminent domain, “The pipeline is dead.” We say he’s dead wrong.
Is this the sad end to a noble cause? In 2015 MDN told you about an Allegany County, NY attorney/landowner who filed a lawsuit against the New York Dept. of Environmental Conservation (DEC) over their infamous and politically-motivated ban on fracking (see 
An Allegany County, NY attorney quietly filed a lawsuit–two months ago–against the New York Dept. of Environmental Conservation (DEC) over their infamous frack ban. It is the first such lawsuit that we are aware of to be filed against the DEC since the frack ban was officially declared (see