Constitution could break ground this summer; protests continue

3/3/2015

By Patsy Nicosia

Constitution could break ground this summer; protests continue

Construction on the controversial Constitution Pipeline could begin this summer.
This after a federal judge granted developers eminent domain rights to properties whose owners had been resisting right-of-way agreements.
The number of properties in contention is relatively small: Constitution's Chris Stockton said there are just 24 properties in New York State and seven in Pennsylvania where owners haven't granted access.
"We've now reached agreements with just under 90 percent of affected properties," Mr. Stockton said. "We're still negotiating with owners, but if an agreement can't be reached, then it would be determined by the court."
Surveys are complete on more than 95 percent of the properties, he said.
Constitution needs to wrap up the outstanding survey work before construction can begin, likely this summer.
Constitution opponents aren't taking US District Judge Norman Mordue's ruling laying down.
"Of course, Stop the Pipeline is disappointed with the ruling which affects many of our members, and which we believe is contrary to federal law,," said Anne Marie Garti, a founding member of STP and an environmental attorney.
"The landowners who are facing eminent domain are heroes for standing up to this company and for trying to defend their property rights. Along with their health and safety."
Friday, STP and the Center for Sustainable Rural Communities delivered more than 5,000 written comments to DEC in Albany regarding the pipeline in their efforts to stop the pipeline.
Ms. Garti said STP also plans to challenge the Federal Energy Regulatory Commission's order allowing the project to go forward in federal court.
DEC must still grant a 401 Water Quality Certificate for and four related permits for the project to be built and to do so, must determine that the 124-mile pipeline won't violate the state's strict water quality standards.
Among the documents submitted to DEC by STP are hundreds of pages of legal and technical comments, including a scientific report by Hudsonia on the pipeline's impacts of water quality, fish, and wildlife.
"Our land has steep terrain, held together by mature trees, yet recent flash floods have twice washed out the public road," said Dan Brignoli, whose land is being taken through eminent domain and who helped deliver Friday's comments to DEC.
"The pipeline construction would just make it worse."
Bob Nied of the Center for Sustainable Rural Communities criticized elected officials for "turning a deaf ear and blind eye" to the plight of residents facing condemnation.
Assemblyman Pete Lopez, Congressman Chris Gibson, and Senator Jim Seward "have equivocated or remained silent, lacking the political courage to place the rights of their constituents and the health of the environment above the profits of big oil and gas," he charged.
Friday was the deadline for comments to DEC on the proposed pipeline.
Originally December 30, it was extended in response to a request from STP, Center for Sustainable Rural Communities, and 67 other Northeast public interest groups.