The Cuomo administration has made it virtually impossible for any interstate pipeline to get approval; at least for it has for the three who have tried.

The Cuomo administration, through the New York State Department of Environmental Conservation (the “Department”), has dealt a severe blow to industry’s efforts to bolster the natural gas interstate infrastructure passing through New York State. The Department has recently denied the construction and operation of three substantive pipeline projects by denying these projects certification pursuant to Section 401 of the Federal Water Pollution Control Act, more commonly known as the Clean Water Act (“CWA”).

As a result, even though these projects are highly regulated by the Federal Energy Regulatory Commission (“FERC”), industry has been unable to construct and operate natural gas pipelines that are sorely needed to satisfy the energy demand in the Northeast. These denials are based upon putative water quality considerations and other environmental factors. Thus far, the courts have been unwilling to rebuke this campaign by the Cuomo administration, but a recent decision from FERC holds out promise that the Department will no longer be able to use administrative delay to frustrate these projects.

Read more:

http://naturalgasnow.org/the-cuomo-administration-interstate-pipeline-trilogy/