Constitution Pipeline has asked FERC to rehear its argument that NY-DEC waived rights to act on its water quality certification application. Is there hope?

Back in October I wrote here about the very compelling case the Constitution Pipeline made to FERC to decide Andrew Cuomo’s DEC had, buy a combination of delay and deception, effectively waived its right to deny a water quality certification for the project. It’s was a super well articulated history of how Cuomo had conned DEC, DEC had conned Constitution Pipeline and, frankly, how the company had naively let itself be conned. Proving  there is, indeed, no fury equal to that of the one who is scorned, the company made a powerful case to FERC.

Unfortunately, it wasn’t quite powerful enough and, as Jim Willis noted here, FERC reluctantly (it appears) decided Constitution Pipeline’s ill-advised withdrawal and resubmission of its DEC application served to restart the clock, giving Cuomo another full year to order his DEC to issue a politically based denial. Then, a little over a month ago, the company filed a rehearing request with FERC, while simultaneously pursing a Supreme Court challenge. Now, intriguingly, FERC has extended its own time to decide on that rehearing request, and perhaps for very good reason.

Read more:
naturalgasnow.org/constitution-pipeline-rehearing-request-chance/