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New York and Williams Cos. clash over Constitution pipeline's revival

A dormant pipeline project sparks fresh controversy as New York fights to uphold its environmental review. Will FERC's ruling redefine state vs. federal oversight?

The image shows a large group of pipes and valves sitting on top of a dirt field surrounded by...
The image shows a large group of pipes and valves sitting on top of a dirt field surrounded by metal stands, machines, grass, a fence, a vehicle, a shed, and other objects. In the background, there are trees and a sky with clouds. This image is likely related to the Texas Department of Natural Resources, as it suggests that the pipes are being used to control the flow of natural gas.

New York and Williams Cos. clash over Constitution pipeline's revival

A legal battle over the Constitution pipeline has reignited between New York Governor Kathy Hochul and energy company Williams Cos. The dispute centers on a state-issued water quality permit, with both sides clashing over whether the project can move forward without further environmental review.

The pipeline, previously abandoned in 2020, is now back under scrutiny as Williams seeks federal approval to restart construction. Williams Cos. has formally asked the Federal Energy Regulatory Commission (FERC) to reissue a construction certificate for the Constitution pipeline. The company also wants FERC to confirm that New York's Department of Environmental Conservation (DEC) missed its chance to issue a Section 401 water quality certification.

Governor Hochul has pushed back against these requests. She argues that Williams is trying to bypass New York's environmental review process entirely. The governor's opposition comes as the company seeks to revive a project that was shelved four years ago.

The timing of Williams' original permit application to the DEC remains unclear. However, the company insists that the state's delay in issuing a decision effectively waives its authority over the water quality certification. This legal argument forms the core of its appeal to FERC.

The outcome of this dispute will determine whether the Constitution pipeline can proceed without New York's environmental approval. FERC's decision could either clear the way for construction or uphold the state's right to review the project's compliance with water quality standards.

Both sides now await a ruling that may set a precedent for how similar infrastructure projects are handled in the future.

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