Natural gas pipeline opponents got a two-fer Friday when Kinder Morgan announced it was putting the breaks on the NED and hours later, DEC denied the water quality permits Constitution Pipeline needed to move that project ahead, effectively killing it.
"This is a huge victory," Anne Marie Garti of Stop the Pipeline said Friday.
"We have been focusing on the 401 Water Quality Certificate from the very beginning of this fight and have proved that we were right all along. It is a happy day."
Also celebrating was Bob Nied of Richmondville, who's led a long fight against the $875 million project since 2012.
"I'm deeply grateful that DEC recognized what so many have been saying for years-an unnecessary pipeline trenching, blasting, and clear-cutting through backyards, farmland, trout streams, and forests would irreparably harm the critical natural resources of our region," Mr. Nied said Friday.
"I'm proud of the hundreds of people who worked tirelessly for so long to protect our communities..."
But Constitution is saying not so fast.
In a statement on its website Monday, Constitution said it remains committed to building the 124-mile pipeline to carry fracked gas from Pennsylvania to Canada through parts of Schoharie and Otsego Counties.
"In spite of DEC's unprecedented decision, we remain absolutely committed to building this important energy infrastructure project," Constitution officials said.
"We believe NYSDEC's stated rationale for denial includes flagrant misstatements and inaccurate allegations, and appears to be driven more by New York State politics than by environmental science."
Following a lengthy review process, the Constitution Pipeline received Federal Energy Regulatory Commission approval in December 2014 and was waiting on DEC to begin construction.
Among the reasons DEC cited in denying the 401 water permits were the project's likely impact on some 250 unique and sensitive trout streams.
"DEC had repeatedly requested that Constitution provide a comprehensive and site-specific analysis of depth for pipeline burial to mitigate the project's impact-but the company refused," said DEC is a press release issued late Friday.
"Additionally, DEC received reports that landowners, possibly with Constitution's knowledge, had clear-cut old-growth trees along the right-of-way for the pipeline, including trees near streams and water bodies, even after the Federal Energy Regulatory Commission ruled [against it]."
DEC's ruling and its 14-page letter to Constitution, however, left the door open, noting Constitution can address the deficiencies in the Water Quality Certificate by submitting a new application and that it has the right to request a public hearing on the permit denial, in writing, within 30 days.
Constitution said Monday that it's considering its options-including an appeal to the US Circuit Court of Appeals.
Despite claims to the contrary, Constitution maintains it has worked "in good faith with the NYSDEC for years" and "was not informed of any outstanding issues" despite weekly inquiries "to ensure no additional data was needed.
"Those inquiries were either ignored or responded to in the negative," Constitution said.
"It is obvious that the NYSDEC deliberately chose to remain silent to bolster the political campaign of the state."
DEC's decision followed news by Kinder Morgan that it is suspending development of the Northeast Energy Direct pipeline, which would have run alongside much of the Constitution route.
Kinder Morgan said it was pulling the plug on the proposed project because with too few firm customers, regulatory hurdles, and an unstable global energy market, it was no longer economic or viable.