The United States Supreme Court has rejected a petition from Constitution Pipeline to challenge DEC’s denial of a water quality permit needed to proceed with its long-proposed 124-mile natural gas pipeline across much of Schoharie County.
The April 30 decision not to consider the petition leaves in place the August 2017 ruling by the 2nd US Circuit Court of Appeals siding with New York State.
Constitution, however, is not giving up on the $683 million project and has asked the Federal Energy Regulatory Commission to overturn the state Department of Environmental Conservation decision.
“While we are disappointed in the Supreme Court’s decision not to hear our case…we continue to believe that this FERC-approved project should be allowed to proceed with construction,” Constitution said in a statement.
To that end, Constitution has separately petitioned FERC to overturn the DEC decision, charging that New York State failed to act within “a reasonable period of time” on its application; in March, FERC gave itself more time to consider the request.
FERC approved construction of the pipeline in 2014 and again in 2016, but conditioned that approval on the DEC water permit.
DEC denied that permit in April 2016 on the grounds that Constitution failed to provide sufficient information demonstrating that the project would comply with the Clean Water Act and meet the state’s water quality standards.
Constitution challenged that decision to the 2nd Circuit Court last year but lost.