New York

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    NFG Tells Court Constitution Decision DNA to Northern Access Case

    Yet more drama and intrigue in National Fuel Gas Company’s (NFG) lawsuit against the New York Dept. of Environmental Conservation (DEC). Three years ago NFG proposed and filed to build the Northern Access Pipeline project–a $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton. The Federal Energy Regulatory Commission (FERC) granted final approval for the project in February of this year (see NFG’s Northern Access Pipe in NY/PA Gets FERC Approval). However, in April of this year, the DEC ruled against granting the project stream crossing permits, effectively killing it, at least for now (see Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit). NFG sued the DEC in the Second Circuit of the U.S. Court of Appeals to overturn their denial (see NFG Sues NY DEC in Fed Court re Northern Access Pipe Rejection). A similar court case was filed by the Constitution Pipeline against the DEC with the 2nd Circuit. The court ruled against the Constitution and for the DEC on August 18 (see Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?). Predictably, the office of NY’s corrupt Attorney General, Eric Schneiderman, filed a letter with the 2nd Circuit (copy below) saying, in essence, the Constitution case is just like this one, so the court should rule the same way: against NFG and for the DEC. However, a few days after that, NFG’s attorneys filed their own letter (copy below) pointing out the fallacy in the previous letter. NFG says the Constitution is very narrow, and in fact ultimately supports the NFG case against the DEC…
    Read More “NFG Tells Court Constitution Decision DNA to Northern Access Case”

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    Judge Rules Against Broome Virtual Pipe, NG Advantage to Try Again

    A Broome County, NY judge ruled yesterday that the Town of Fenton Planning Board did not take a hard enough look at environmental and traffic issues related to their approval of NG Advantage’s plan to construct a facility in the town to compress and load natural gas onto tractor trailers for delivery to regional customers who desperately need the gas–what is called a “virtual pipeline.” MDN has chronicled the project from the beginning (see our NG Advantage stories here). Yesterday’s ruling was not an indictment of the project itself by the judge–only the way in which it was approved by the local town planning board. The judge left the door open for the town to re-do it’s approval process–this time including a full environmental impact study and an aquifer study. NG’s CEO Rico Biasetti said that while he is disappointed, the company remains committed to building the facility at the Fenton location and will work with Fenton to try again…
    Read More “Judge Rules Against Broome Virtual Pipe, NG Advantage to Try Again”

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    NFG Asks FERC for Speedy Re-hearing to Bypass NY DEC re Pipeline

    There’s been an interesting twist in the saga of National Fuel Gas Company’s (NFG) Northern Access Pipeline project. The $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton. The Federal Energy Regulatory Commission (FERC) granted final approval for the project in February of this year (see NFG’s Northern Access Pipe in NY/PA Gets FERC Approval). Shortly after, NFG filed a request with FERC (in March) to bypass the New York Cuomo-corrupted Dept. of Environmental Conservation (DEC) because the DEC was dragging its feet on a decision to grant stream crossing permits for the project (see Gutsy: NFG Asks FERC to Cut NY DEC Out of Pipeline Approval). Needless to say, the DEC didn’t like it. In April of this year, the DEC ruled against granting the project stream crossing permits, effectively killing it, at least for now (see Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit). After DEC’s denial, NFG sued the DEC in the Second Circuit of the U.S. Court of Appeals to overturn their denial (see NFG Sues NY DEC in Fed Court re Northern Access Pipe Rejection). OK, now is where it gets interesting. A similar court case was filed by the Constitution Pipeline against the DEC with the 2nd Circuit. The court ruled against the Constitution and for the DEC on August 18 (see Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?). We’re sure NFG can see the writing on the wall for their lawsuit. So NFG has gone back to FERC and their request filed back in March that FERC bypass the DEC and go ahead and grant permission anyway. NFG made a motion for an “expedited request” by FERC last week. What if FERC agrees and overrules the DEC? And what if they don’t?…
    Read More “NFG Asks FERC for Speedy Re-hearing to Bypass NY DEC re Pipeline”

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    WSJ Harpoons NY Gov Cuomo for His “Blockade” of Natural Gas

    The editors at the Wall Street Journal have taken the gloves off with respect to the insane policies of New York Gov. Andrew Cuomo when it comes to natural gas. Because of Cuomo’s “blockade” of natural gas, by banning fracking and by blocking natural gas pipelines from Pennsylvania into NY, Cuomo stands on the cusp of not only ruining his own state with high prices for natural gas–he’s going to ruin it for other states (like those in New England) as well. Cuomo wanted the Indian Point Nuclear plant closed–and it’s closing. He wants coal plants closed, and they have. But at the same time, the state is adding new natural-gas fired electric generating plants, like the one in Orange County. So far, Cuomo’s corrupted Dept. of Environmental Conservation (DEC) has refused to issue a permit for a pipeline to feed the plant (see NY DEC Holds Sham “Hearing” for Power Plant Pipeline). If the plant doesn’t get the pipeline, it will burn dirty oil instead. The state is building 11 new microgrids that use natural gas to generate electricity–including in the center of NY’s capitol, Albany (see NY Building Not Just One, but Eleven (!) NatGas-Fired Micogrids). And yet Cuomo continues to reject major pipeline projects to bring more gas to NY. Guess what that will do to the price of natural gas and electricity in the Empire State? And what about the price of natgas and electricity in New England? Already Northeast residents pay 29% more for natural gas and 44% more for electricity than the U.S. average. What a tragedy. Loads of natural gas waiting to serve those markets, produced in PA, WV and OH–and Cuomo refuses to let it in. The Journal takes him to task for it…
    Read More “WSJ Harpoons NY Gov Cuomo for His “Blockade” of Natural Gas”

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    Energy Attorneys Hint it’s ‘Lights Out’ for Constitution Pipeline

    On Monday we brought you the sad news that the U.S. Court of Appeals for the Second Circuit has ruled against the Constitution Pipeline and their lawsuit against the Cuomo-corrupted New York Dept. of Environmental Conservation (see Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?). To boil it down to its essence, the court said the DEC had the right to reject issuing stream crossing permits for the critically-needed pipeline, even though it would shut down the project. That is, individual states have the right to stop a federally-approved project. Frankly, it’s distressing. The one sliver of light is that the DEC took too long to issue their rejection–more than the one year allowed. Constitution may be able to request an approval from the Federal Energy Regulatory Commission (FERC), overruling the DEC, because the law in question provides that if a state doesn’t issue (or reject) a permit within one year of application, FERC then has the right to issue the permit. So we might still win on a technicality. That’s our hope. But we spotted analysis of this court decision by two energy attorneys–people who work for drilling-friendly law firms. Their analysis is sobering. They hint (our words) that it is likely “lights out” for the Constitution–that the project will not get built. Are they right?…
    Read More “Energy Attorneys Hint it’s ‘Lights Out’ for Constitution Pipeline”

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    NY AG Schneiderman Takes Russian Oil Money, Attacks US Shale

    NY AG Schneiderman

    If this doesn’t beat all. New York State Attorney General Eric Schneiderman has, for years, been at the center of a conspiracy to shake down Exxon Mobil by claiming the company “knew” that burning its fossil fuels would lead to man-made global warming, and that Exxon actively worked to suppress that knowledge in the public sphere. Earlier this year Schneiderman refused (still refuses) to turn over emails that show he has been colluding with Big Green groups and those who fund them in a conspiracy against Exxon (see NY’s AG Schneiderman Sowing the Seeds of His Own Destruction). It’s now time to remove Schneiderman from office. Evidence has come out that Schneiderman has accepted more than $60,000 from a Ukranian billionaire with ties to Russia’s big oil companies. That is, Scheiderman has taken campaign money (bribes?) from Russian oil–and turned around and attacked American oil and gas. Schneiderman is fully behind New York’s ban on fracking. He’s also in there fighting against natural gas pipelines. Scheiderman has also received a whopping $251,000 from liberal billionaire Communist George Soros (and the Soros family). Soros is another Exxon enemy. So how does that work Mr. Schneiderman? You take money from Russian Big Oil and Communists, only to turn around and attack America’s shale industry? Really? It’s corrupt, and Schneiderman needs to go, NOW…
    Read More “NY AG Schneiderman Takes Russian Oil Money, Attacks US Shale”

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    Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?

    In a disappointing, but perhaps not all that unexpected decision (full copy below), the U.S. Court of Appeals for the Second Circuit on Friday ruled against the Constitution Pipeline and their lawsuit against the Cuomo-corrupted New York Dept. of Environmental Conservation (DEC). The DEC dithered, for years, on a decision about whether or not to grant stream-crossing permits (Section 401 permits, a federal Clean Water Act thing) to the Constitution Pipeline, a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY carrying Marcellus gas. The Federal Energy Regulatory Commission (FERC) authorized the project in 2014. Since that time the DEC delayed, and eventually denied permits for the project (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). So the Constitution (being built by Williams) sued the DEC in federal court (see Constitution Pipeline Case Goes to Court in 2 Weeks, Briefs Filed). We had hoped that the court would grant Constitution the right to commence building. But they didn’t. So now what? There are three options left for Constitution: (1) appeal the decision to the U.S. Supreme Court, (2) file a new case with the D.C. Circuit Court of Appeals (a different court), or (3) request FERC take matters into its own hands by deciding the DEC took too long (which would probably be challenged at the D.C. Circuit). The D.C. Circuit Court of Appeals is a different court than the Second Circuit that just ruled. Our best guess? Williams will take option #3 and ask FERC to overrule NY DEC and grant the permit themselves…
    Read More “Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?”

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    If NatGas Pipeline is Blocked, NY Elec Plant Will Use Oil Instead

    For the past 2+ years MDN has chronicled the journey of Competitive Power Ventures (CPV) to build a $900 million Marcellus gas-fired electric plant in Wawayanda, NY, called the Valley Energy Center. Early on the project faced court challenges, but a judge gave final approval to build it in September 2015 (see Orange County, NY Marcellus-Fired Electric Plant OK’d by Judge). One of the “locals” who objected to the plant is Hollywood actor James Cromwell, star of movies like Babe and Star Trek: First Contact. Cromwell has a summer home in the area and doesn’t like the idea of an electric plant nearby, so he became a criminal protester (see Actor James Cromwell Arrested Protesting NY Power Plant Site). It took a few years, but Cromwell was finally jailed after refusing to pay a fine related to his arrest. He ended up serving just three of his seven day sentence (see “Privileged White” Actor Cromwell Serves < Half of Jail Sentence). Being famous and rich has its perks–including corruption of justice. The thing about Hollywood actors who are good at their craft, as is Cromwell, is that in other areas of life they are often stupid, as is Cromwell. Case in point: Cromwell thinks he can stop the $900 million plant, which is more than half built, by opposing a short, 7.8-mile pipeline spur off the Millennium Pipeline to feed the plant (see NY DEC Holds Sham “Hearing” for Power Plant Pipeline). Stop the pipeline, and the plant won’t open, right? Wrong! The owner has a Plan B for the plant, otherwise they would not have begun construction in the first place. If for some reason the natural gas pipeline doesn’t get built (highly unlikely), the plant will burn oil instead. Apparently Cromwell would rather have MORE air pollution around his home rather than allow a clean-burning pipeline to feed the plant. What a dope. The plant will open either way, with or without natural gas feeding it…
    Read More “If NatGas Pipeline is Blocked, NY Elec Plant Will Use Oil Instead”

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    Making a Strong Case for NG’s Virtual Pipeline Near Binghamton

    Somewhat surprising for our local Gannett outlet here in Binghamton (the Press & Sun-Bulletin), but on Sunday the newspaper published two opinion pieces that make a very strong case FOR building a natural gas transfer station (i.e. virtual pipeline) in the Town of Fenton, on the outskirts of Binghamton, by NG Advantage. One of the editorials was written by a resident who lives in the community where the station will get built. The arguments are compelling and destroy the NIMBYism and hysterics of local residents opposed to the project. The other editorial is from the fire chief and emergency management director from a community in New Hampshire that has two facilities to decompress gas delivered by NG Advantage. He speaks about the safety of the trucks and the gas carried on them. Bottom line: This facility is safe, the trucks hauling the gas are safe, and it’s good for the economy. There’s absolutely no reason why it should not get built in Fenton (near Binghamton)…
    Read More “Making a Strong Case for NG’s Virtual Pipeline Near Binghamton”

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    New Life for Constitution Pipe – Williams Asks White House for Help

    In April 2016 the New York Dept. of Environmental Conservation (DEC) caved to corrupt political pressure from Andrew Cuomo and denied the Williams Constitution Pipeline a necessary federal 401 stream crossing permit, blocking the project (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). At that moment, the DEC stepped off a cliff. It’s been a long, slow process, but we’ve watched them fall ever since. And now, they will soon hit the bottom. They were dead (metaphorically) the moment they issued their denial. It was a foregone conclusion that their illegal action would not stand–that the DEC would eventually be overruled and their role in permitting such projects would be stripped away. But you have to remember those were heady days for the left, when Cuomo was full of himself and the future seemed certain that the hapless Hillary would win the White House and further corrupt federal agencies like the Federal Energy Regulatory Commission (FERC), the agency that oversees projects like the Constitution. But the unthinkable happened. Hillary lost (thank God!). And now Cuomo and his corrupted DEC have no backstop at the federal level. Last week on a conference call to discuss second quarter earnings, Williams CEO Alan Armstrong responded to a question about the long-stalled Constitution Pipeline. He said Williams is working with The White House to get the Constitution project back on track. Reading between the lines, Williams is asking The White House to ask FERC to overrule the NY DEC and grant the stream crossing permits for the project. Armstrong now says he believes it will get built, and will be up and running, sometime in the second quarter of 2019…
    Read More “New Life for Constitution Pipe – Williams Asks White House for Help”

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    NFG 2Q17: NY Pipeline Holdup Causes Shift to More Utica Drilling

    Last week National Fuel Gas Company, headquartered in Western New York State with drilling subsidiary Seneca Resources and pipeline subsidiary Empire Pipeline, issued its third quarter (everyone else’s second quarter) 2017 update. NFG produced 567 million cubic feet per day (MMcf/d) of natural gas last quarter, a 6% increase over the same quarter a year ago. NFG realized an average price of $2.94 per thousand cubic feet (Mcf), up $0.08 per Mcf from the prior year. Compare that with Antero’s hedged average of $3.41/Mcf (see today’s story about Antero 2Q17). NFG CEO Ronald Tanski had some interesting remarks with respect to the company’s stalled Northern Access Pipeline project. As you may recall, the Andrew Cuomo New York Dept. of Environmental Conservation (DEC) is blocking Northern Access, like they blocked the Constitution Pipeline and a tiny spur project for the Millennium. Because NFG’s Northern Access project is stalled, they are shifting their budget and drilling further west, to do Utica drilling in locations where there is already pipeline infrastructure. So this is yet another case of the NY screwing up Marcellus drilling PA that would otherwise be happening. Landowners in PA can thank NY Gov. Cuomo for screwing them over. Tanski also mentioned the court case for Northern Access, and that FERC (Federal Energy Regulatory Commission) may step in and overrule the NY DEC, as is now being considered in the Constitution Pipeline case (see today’s lead story). Here’s the update from NFG…
    Read More “NFG 2Q17: NY Pipeline Holdup Causes Shift to More Utica Drilling”

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    NY DEC Holds Sham “Hearing” for Power Plant Pipeline

    New York’s corrupted Dept. of Environmental Conservation (DEC) is running scared. For 19 months the DEC has intentionally delayed granting a tiny, 9-mile spur Millennium Pipeline wants to build in Orange County, NY the necessary federal 401 stream crossing permit it needs. Millennium took the DEC to federal court, but the court refused to get involved, telling Millennium if the DEC is delaying, the Federal Energy Regulatory Commission (FERC) can jump in and override the DEC (see DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay). So that’s what Millennium did. They asked FERC to grant the stream crossing permits themselves (see Showdown: Millennium Asks FERC for Permission to Ignore NY DEC). Sensing they are now in a death spiral and will lose control over not only the Millennium project, but also other projects like the Constitution Pipeline and Northern Access projects the DEC has been blocking, the DEC responded and asked FERC to wait until August 30th before granting the certificate–so the DEC could grant it (or not) themselves (see Corrupt NY DEC Fires Back at Millennium, Claims Deadline is Aug 30). So the DEC held a public hearing Wednesday night. A sham. Kabuki theater. It was the DEC going through the motions before they get off their rear-ends and grant the certificate they could have granted more than a year ago. The public hearing in Wawayanda, NY did not disappoint, with insane anti-fossil fuelers parading before the microphones and cameras, predicting the end of the world if this 9-mile pipeline to feed a gas-fired power plant gets built…
    Read More “NY DEC Holds Sham “Hearing” for Power Plant Pipeline”

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    Judge Hears Arguments For/Against Broome Virtual Pipe, Delay Stays

    Yesterday both sides were in court in Broome County, NY to put forward their best arguments for why a natural gas transfer station (i.e. virtual pipeline) project in the Town of Fenton, near Binghamton, should (or should not) get built. We’ve covered this story from the beginning–because we like virtual pipelines which get natural gas to customers who aren’t blessed to live near a pipeline, and because we live about 10 miles from the proposed site. NG Advantage wants to build a virtual pipeline operation in a suburb of Binghamton. The location NG picked, after considering up to six other locations in the region, was selected because of it’s proximity to major highways, proximity to the Millennium Pipeline, and availability of high-power electric lines. A virtual pipeline is nothing more than a compressor plant (series of compressor plants) that grabs gas from a pipeline, in this case the Millennium, and compresses it and loads it onto special tractor trailers that then deliver the gas to industrial customers like manufacturing plants, hospitals, and even small regional gas distribution systems servicing residential homes. The location NG selected, in the Town of Fenton (within spitting distance of residential communities Hillcrest and Port Dickinson) was approved by the Town of Fenton after a detailed review. The area NG selected is zoned industrial and is, in fact, a former dump site. However, residents from nearby neighborhoods in Hillcrest and Port Dick were not aware of the project (so they claim) and when construction began to clear the dump site, and residents learned what was going to be built at the site, some of them demanded court action to oppose it. Two court cases have been filed and a local judge has temporarily stopped construction at the site. Yesterday that judge heard arguments for and against. NG Advantage CEO Rico Biasetti was encouraged by the judges questions…
    Read More “Judge Hears Arguments For/Against Broome Virtual Pipe, Delay Stays”

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    Update on NG Advantage Virtual Pipeline near Binghamton

    What’s the latest with the proposed virtual pipeline in Broome County, NY? NG Advantage wants to build a “virtual pipeline” operation in a suburb of Binghamton. The location NG picked, after considering up to six locations in the region, was selected because of it’s proximity to major highways, proximity to the Millennium Pipeline, and availability of high-power electric lines. A virtual pipeline is nothing more than a compressor plant (series of compressor plants) that grabs gas from a pipeline, in this case the Millennium, and compresses it and loads it onto special tractor trailers that then deliver the gas to industrial customers like manufacturing plants, hospitals, and even small regional gas distribution systems servicing residential homes. The location NG selected, in the Town of Fenton (within spitting distance of Hillcrest and Port Dickinson) was approved by the Town of Fenton after a detailed review. The area they selected is zoned industrial and is, in fact, a former dump site. However, residents from nearby neighborhoods (Hillcrest and Port Dick) were not aware of the project (so they claim) and when construction began to clear the dump site, and residents learned what was going to be built at the site, some of them demanded court action to oppose it. So far we’ve had two court cases asking county-level court (called “Supreme Court” in NY) to stop the project, which it temporarily has. And there we sit–waiting on a local court. When traveling through the neighborhoods near the site you see plenty of “No Compressor Station” signs. Ask any of the locals why they oppose it and the issue pretty much centers on truck traffic. The plant itself is safe. It doesn’t emit anything in the way of air pollution. It’s quiet–running on electric motors. The only thing people have to complain about is 3-4 trucks an hour going in and out of the plant. That’s it. But that’s enough to warrant a major fuss. The very latest is that State Senator Fred Akshar and Assemblyman Clifford Crouch, both of whom represent people in the Town of Fenton, visited the NG Advantage facility in Vermont last week–a facility similar to the one proposed for Fenton. They wanted to see it for themselves. Neither rep really has a say in what will happen in Fenton (the matter is in the courts at this point), but at least they informed themselves about the issue and can talk, rationally, with some of their irrational constituents…
    Read More “Update on NG Advantage Virtual Pipeline near Binghamton”

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    Corrupt NY DEC Fires Back at Millennium, Claims Deadline is Aug 30

    Yesterday MDN brought you the exciting news that Millennium Pipeline has asked the Federal Energy Regulatory Commission (FERC) to overrule the New York Dept. of Environmental Conservation–politicized and corrupted by Gov. Andrew Cuomo–and issue permission to commence construction of a very small 7.8 mile pipeline that will connect Millennium to a natural gas-fired power plant now under construction in Orange County, NY (see Showdown: Millennium Asks FERC for Permission to Ignore NY DEC). According to the law as written, if a state (like NY) does not act on a federal Section 401 Water Quality Certification stream crossing permit for 12 months, FERC has the right to step back in and issue the certificate. It would totally emasculate the corrupt DEC. But hold on. The DEC is once again using sleazy political tactics to try and forestall FERC from taking action. On Tuesday the DEC filed a letter with FERC requesting they hold off on granting Millennium permission to build–based on a technicality. Millennium first filed their application with the DEC 19 months ago. But the DEC says the initial application was “incomplete” and that the completed application, refiled by Millennium, didn’t happen until months later–and if you count the time from the refiled application, the DEC has until August 30th to issue the 401 water permit. And DEC says they will rule by or on August 30th. In a somewhat comical typographical error, the final paragraph of the DEC letter to FERC begins this way: “For the above reasons, I respectfully urge the Director of OEP to deny Millennium’s Request, or, alternatively, place the Request in abeyance until August 31, 3017…” Did you catch that? August of “3017.” Freudian slip? We’re sure the DEC would love FERC to delay a decision for another 1,000 years…
    Read More “Corrupt NY DEC Fires Back at Millennium, Claims Deadline is Aug 30”

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    Showdown: Millennium Asks FERC for Permission to Ignore NY DEC

    This is it folks. This is the case that will crush New York Gov. Andrew Cuomo’s blockade of important pipeline projects in the Empire State. For 19 months the New York Dept. of Environmental Conservation (DEC) has dithered around, at the prompting of Andrew Cuomo, and has refused to grant federal Section 401 Water Quality Certification stream crossing permits for a tiny 7.8 mile pipeline spur off the Millennium Pipeline in Orange County, NY, called the Valley Lateral Project, to feed a gas-fired electric generating plant that is now under construction. Statutorily NY has 12 months (1 year) to review such an application and act on it. NY has refused to act on it. So Millennium took the NY DEC to the U.S. Court of Appeals for the District of Columbia Circuit. In June the court dismissed the lawsuit by Millennium, which at first blush may seem like a blow. But it was the reasoning and opinion of the judges in dismissing the case that will change everything in New York. The judges said there is no case because if, as Millennium says, the DEC is denying the water permits, FERC itself has the power to jump back in and simply override NY DEC and issue the permits (see DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay). Last Friday Millennium pulled the trigger and did it–they sent an official request to FERC (copy below) that outlines their Herculean efforts to work with NY DEC over the past 19 months, and asks FERC to move forward with permission to build the pipeline anyway–IGNORING THE DEC. If FERC agrees (and we think they will), NY DEC is about to become irrelevant in ALL FERC-approved pipeline projects they are blocking, including the Williams Constitution and National Fuel Gas Northern Access projects…
    Read More “Showdown: Millennium Asks FERC for Permission to Ignore NY DEC”