Williams Tries an End-Run Around NY DEC for Constitution Permit
Does Williams have an “ace in the hole” with respect to the Constitution Pipeline? The Constitution, a ~$900 million, 124-mile pipeline planned to run from Susquehanna County, PA into Upstate New York, was approved by the Federal Energy Regulatory Commission (FERC) in December 2014 (see FERC Issues Final Approval for Constitution Pipeline in PA/NY). After a year and a half of delays from the New York State Dept. of Conservation (DEC), an organization now corrupted by Gov. Andrew Cuomo, the DEC capriciously denied stream crossing permits for the project (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). Williams, the builder of the project, subsequently sued in federal court to force the state to issue the permits. The outcome of that lawsuit is due any month now (see Constitution Pipeline Still Waiting on “Biggie” Court Decision). However, Williams is now attempting another strategy, parallel to their lawsuit, that may grant them game, set and match. The stream crossing permits withheld by the NY DEC are permits issued under Section 401 of the federal Clean Water Act. The DEC has the (delegated from the federal government) responsibility for issuing or denying Water Quality Certification (WQC) under Section 401. What if the feds were to snatch back that responsibility for themselves? Williams is asking the Trump White House to have the Army Corps of Engineers step in and grant the WQC for the Constitution under Section 401–as a replacement or substitute for the DEC. Such a move is allowed under the law–if a state refuses to act within a “reasonable” time period. If the Army Corps does step in and grant the Constitution a WQC, it would, in a word, emasculate the DEC and strip them of a great deal of their power–something we’ve previously warned about (see Bloomberg Predicts Court Will Strip NY’s Right to Stop Constitution). Will it work?… Read More “Williams Tries an End-Run Around NY DEC for Constitution Permit”
Every now and again a gift lands in our lap, unexpectedly. Such is the case today. A third year law student at the University of Buffalo School of Law, Kelsey Hanson, has researched and written a masterful paper on the potential for LPG (liquefied propane) fracking in, yes, New York State. The paper, titled “Hey New York, You Can Frack: An Examination of How Liquefied Petroleum Gas Sidesteps New York’s Fracking Ban to Provide a Legal and Practical Approach for Horizontal Drilling in New York’s Marcellus Shale” (full copy below) has just been published in the Buffalo Law Review (how did that happen?!). In the paper, Hanson first gives a background of traditional fracking, then zeros in and explores LPG fracking–its benefits and its pitfalls. She concludes that the NY Dept. of Environmental Conservation (DEC) has left the door open, legally, for shale LPG fracking in the Empire State. She also gives us a much-needed update on the question MDN gets asked frequently: Whatever happened to LPG fracking in Tioga County, NY? The article is eminently readable, full of great information, and worth your time…
Very good news for Spectra Energy’s Atlantic Bridge project in (of all places) New York State. In January the Federal Energy Regulatory Commission (FERC) gave its final stamp of approval for Atlantic Bridge (see 
In February, MDN told you that Titan Energy, which used to be known as Atlas Energy/Resource Partners, was listing what appeared to be the rest of the acreage they still own on the Appalachian basin–some 494,229 acres–including rights for drilling in the Marcellus (see 
National Fuel Gas Company (NFG), headquartered in Western New York State, is making noises (threats) that Gov. Andrew Cuomo should be very concerned about. NFG covers the full span of the oil and gas business–from upstream (with its wholly-owned drilling subsidiary Seneca Resources), to the midstream (with wholly-owned subsidiary Empire Pipeline) to downstream (NFG’s natural gas utility service to 740,000 customers in NY and PA). It’s a big company that generates a lot of jobs and revenue for New York State. Yet NY is metaphorically crapping all over NFG–and the company is signaling its willingness to retaliate by leaving. No, not move the company HQ, or sell off its gigantic utility business. Nothing of that sort (yet, anyway). But NFG CEO Ronald Tanski said on an earnings call last Friday that NFG is “getting lousy regulatory treatment in New York State” and that “Given this type of regulatory treatment in the state, we have to take a serious look at our ability to achieve any reasonable growth in New York.” Translation: We’ll stop launching new projects that invest billions in the Empire State, and instead invest that money and the jobs it creates in PA and other states. The “lousy treatment” NFG is getting is related to NY’s corrupt Dept. of Environmental Conservation decision to deny it permits to build the Northern Access Pipeline (see 
Something has to be done about New York’s out-of-control governor (Andy Cuomo) and his opposition to natural gas pipelines. MDN’s beloved home state uses more and more natural gas each year–yet Cuomo refuses to allow new pipelines to be built allowing more gas supplies into the state. He is strangling the state economically–particularly Upstate. Two important pipeline projects have been rejected by Cuomo’s corrupt Dept. of Environmental Conservation (DEC)–Williams’ Constitution and NFG’s Northern Access Pipeline. Both companies have sued in federal court to force the state to back down (a years-long process). In the meantime, business, economic and o&g industry leaders have decided they need to do something. So a number of major organizations and businesses, including chambers of commerce, large midstream companies, labor unions and more have joined together to form a new coalition called 
The Joint Landowners Coalition of New York (JLCNY), a group representing over 70,000 landowners with a collective 1 million acres of land that could be leased for oil and gas drilling, only if, has just sent off a letter to President Trump asking for his help. The JLCNY, via the letter, alerts Trump to Gov. Andrew Cuomo’s shenanigans in blocking natural gas pipelines. The letter also asks Trump to support legislation we’ve previously highlighted by Congressman Tom Reed to protect landowners in New York (and other states) from government actions that block oil and gas development (see 
Earlier this month MDN brought you the sad (and angering) news that once again Gov. Andrew Cuomo has caved to political pressure from environmental Nazis and instructed the now-corrupted Dept. of Environmental Conservation (DEC) to deny stream crossing permits for National Fuel Gas Company’s (NFG) Northern Access Pipeline project (see 
New York Gov. Cuomo has now blocked the Constitution Pipeline from getting built (see 
We’ve now written two posts addressing the jaw-dropping audacity of the corrupt New York Dept. of Environmental Conservation in their refusal to grant water crossing permits to a second major pipeline project (see 
On Feb. 3, the Federal Energy Regulatory Commission (FERC) approved a long-delayed project–National Fuel Gas Company’s (NFG) Northern Access 2016 pipeline project (see 
The Millennium Pipeline stretches ~244 miles from Independence in Steuben County, NY to Buena Vista in Rockland County, NY. The Millennium, which is supplied by local production and storage fields and interconnecting upstream pipelines, serves customers along its route in New York’s Southern Tier region and helps meet the energy needs of northeast markets. In August 2016, the Millennium filed an application for what it calls its Eastern System Upgrade (see 
In May 2016, Williams’ Transcontinental Gas Pipe Line Company (Transco) pre-filed with the Federal Energy Regulatory Commission (FERC) for a project called the Northeast Supply Enhancement project (see 
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