The Williams Cos. legal problems with the state of New York took another turn this week when the state filed suit over the Federal Energy Regulatory Commission’s decision to grant the company’s construction of the Constitution Pipeline in New York.
The proposed natural gas pipeline would run from Pennsylvania to update New York and the FERC ha given its nod of approval. But the New York State Department of Environmental Conservation filed suit in the 2nd U.S. Circuit Court of Appeals. It comes alongside a similar challenge filed by environmental organizations last week.
It is representative of the more than decade-long struggle by Williams Cos., headquartered in Tulsa, to win approval of supplying more natural gas to New York. Last week, FERC dismissed requests for a rehearing over a prior agency order from some of the groups that filed the lawsuit and the New York State Department of Environmental Conservation. That evening, the environmental organizations filed their petition in the U.S. Court of Appeals for the Second Circuit, reported Energy Central.
Green groups and the Department of Environmental Conservation are challenging FERC’s decision to dismiss their requests for a rehearing on the Constitution Pipeline.
Williams had nearly abandoned the project before the Trump administration threw its support to the proposed 125-mile project saying the pipeline was key to lowering energy prices in the Northeast. The project was canceled in 2020 before Williams revived it last year. Then last month, FERC announced it was launching an environmental review of the pipeline.
Public Comment Deadline
The public was given until May 4 to respond to the request, stating:
“Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts, that differ from the evaluation in the 2014 final EIS. Your input will help the Commission staff determine what issues they need to evaluate in the environmental document. Commission staff will consider all written comments during the preparation of the environmental document.”
Project Scope and Capacity
The Williams project will involve 30-inch-diameter natural gas pipe in Pennsylvania and New York. Combined with the Wright Interconnect project, the Constitution pipeline would provide up to 650,000 dekatherms a day of additional natural gas transportation capacity to markets in New York and New England.
The projects would not only include the 124.4 miles of pipeline but also two new meter stations, two pipe interconnections and ten communication towers, eleven mainline valves and what is called a pig launcher and receiver. According to FERC, the construction would disturb 1,871.5 acres of land for the aboveground facilities and pipeline.
Williams had filed its original application for the pipeline in June 2013 and in April 2016, New York denied certification for the project. Constitution asked FERC a year later to find that New York had waived its authority to issue the water quality certification and allow it to move forward.
Williams contends Constitution Pipeline is a commonsense solution to rising energy prices, delivering reliable, low-cost energy to homes and businesses across the Northeast. Its Constitution Pipeline website hails it as “Affordable energy for New York is within reach.”
Why Albany needs to support Constitution Pipeline:
- Constitution Pipeline addresses the root cause of high energy prices: Limited infrastructure. This proposed 125-mile natural gas project across Pennsylvania and New York will improve energy delivery throughout the Northeast.
- $4.7 billion in total savings. $165 million in annual consumer energy cost savings. Relieving pipeline constraints is key to providing affordable energy to New York families and businesses.
- $2.1 billion in economic impact. $432 million in state/federal tax revenue. Thousands of union jobs. Constitution Pipeline will generate unprecedented economic benefits.
One natural gas supportive group, Marcellus Drilling News, reported it this way, “Well, you knew this was going to happen. Last week, a group of disgusting Big Green groups and the New York State Attorney General both filed separate lawsuits in the U.S. Court of Appeals for the Second Circuit (2nd Circuit), challenging the Federal Energy Regulatory Commission’s (FERC) decision to resurrect the Constitution Pipeline under the existing (but dormant) docket. NY AG Tish James, representing the Department of Environmental Conservation (DEC), argues that a brand new review should be done by the state to evaluate the project for compliance with the federal Clean Water Act. You may recall that NY previously lost its right to evaluate the Constitution project by stretching out its review for years, causing FERC to overrule NY (see Victory! FERC Overrules NY DEC to Allow Constitution Pipeline).
