Constitution Pipeline Co. is taking its fight with New York state to the U.S. Supreme Court, Kallanish Energy reports.
The project sponsors, in a Tuesday statement, said, “We continue to believe that this federally-approved project has been unjustly prohibited from construction.”
The $1 billion, 121-mile natural gas pipeline is a joint project of Williams Cos., Cabot Oil and Gas, Piedmont Natural Gas and WGL Holdings.
The company has petitioned the nation’s highest court to review the judgment of the U.S. Court of Appeals for the Second Circuit.
Last Aug. 18, that court denied Constitution’s challenge after the New York State’s Department of Environmental Conservation denied the company’s application for water-quality certification.
A rehearing request was denied by the appeals court on Oct. 19. On Jan. 11, the Federal Energy Regulatory Commission upheld the New York decision, even though FERC had approved the project.
Constitution Pipeline “contends the Second Circuit’s decision conflicts with the decisions of the U.S. Supreme Court and federal Court of Appeals on an important question of federal law that has enormous implications for the development of critical energy infrastructure in this nation,” it said, in a statement.
The company added: “Without a ruling from the U.S. Supreme Court, there is a serious risk that states will use the Second Circuit’s ruling to abuse their narrowly circumscribed CWA Section 401 authority (water-quality certification) to frustrate interstate natural gas pipeline development at the expense of vital national interests.”
“The Business Council has consistently said that New York must improve its natural gas infrastructure to protect and grow the state’s economy," said Darren Suarez, director, Government Affairs for the Business Council of New York State.
"Extreme weather events like the bomb cyclone and polar vortex, demonstrate there is an urgent need for major infrastructure projects like Constitution. If Constitution was in operation today, New York would have access to heating fuel for 3 million more homes and businesses at a time when supply constraints have led to record prices."
The project sponsors said the pipeline would benefit “a region of the country that has recently experienced the highest natural gas prices in the world.”
The company had filed its New York application in April 2013. In April 2016, New York rejected the application for the project, effectively blocking the pipeline from northeast Pennsylvania into New York to connect to pipelines to New York City and New England.
It would run from Dimock, Pa., to Schoharie County in New York. It would transport 650,000 cubic feet of Marcellus Shale natural gas per day or enough natural gas to heat 3 million houses.