Constitution Pipeline, having been double-crossed by Andrew Cuomo’s DEC, is taking its case to the very top in an effort to call out New York’s dirty tricks.
Constitution Pipeline was double-crossed by the New York State Department of Environmental Conservation (DEC). It clearly happened at the direction of Mr. Machiavellian himself, Governor Andrew Cuomo, for whom every nook and cranny of human life is a political decision for him to exploit. The company, once it realized how badly it was used by Cuomo’s DEC has fought valiantly for justice. It has a compelling rehearing requestpending before FERC and it has now appealed its case on another front to the U.S. Supreme Court with an equally compelling reply brief that sets out the arguments about as clearly as could be, calling out DEC for what is nothing less than a fraudulent denial.
The Constitution Pipeline brief, to this laymen, is exceptionally well written. The opening paragraph, where it is essential to immediately capture the attention of the court, elegantly states the issue to be decided (emphasis added and citations omitted in some instances for ease of reading):
This case presents a question of national and international importance: whether a state may use its narrowly circumscribed [Clean Water Act] authority to determine the location of energy pipelines in order to bring the development of these projects to a standstill, despite the fact that the pipeline sitings at issue have already been approved by FERC. The stakes for federal supremacy could hardly be greater, and the global consequences for U.S. national security are incalculable.