The Constitution Pipeline was denied in court, questioning how long will NY continue making pipelines a political issue and forcing energy prices higher?

The Second Circuit Court of Appeals on Friday denied Constitution Pipel..., LLC’s appeal of the refusal by the New York Department of Environmental Conservation to grant a Section 401 Clean Streams Permit on the Constitution Pipeline. On the two issues raised in the appeal, the Second Circuit ruled that it (a) did not have jurisdiction to rule whether the time period the DEC took to give its decision to CPC, a division of Williams Partners L.P., was excessive; and (b) that the record does not show that the DEC acted in a way that was “arbitrary, capricious and ultra vires” when it denied the permit.

CPC will try to put a nice gloss on the result, but the decision was a complete defeat for the company and the pipeline. Along with it went the concept that there will be real federal control over the interstate pipeline system. Now, each pipeline that crosses state lines will be approved mostly on the basis of whether any state along the route has an environmental movement that is bellicose and powerful enough to block it. Pipeline planners should take note.

Read more:

http://naturalgasnow.org/constitution-case-ensures-ny-winters-high-energy-prices/