Dive Brief:
- The U.S. Supreme Court has declined to hear a case brought by backers of the Constitution Pipeline, cutting off an avenue for the project stymied by New York state regulators.
- The Federal Energy Regulatory Commission granted approvals to the project, but the New York Department of Environmental Conservation denied a necessary water permit to the pipeline in 2016. In January, FERC declined to override New York's decision, setting off Constitution's court challenge.
- Project backers will again look to FERC to move the pipeline forward, according to Natural Gas Intelligence.
Dive Insight:
Constitution Pipeline is now pushing five years in the development and permitting phase, and backers remain optimistic.
Constitution had argued New York regulators had essentially given up authority by taking too long to issue the permit. FERC had determined that the state had acted on the water quality certificate application in an appropriate timeframe. Now, backers will head back to FERC to challenge the denial.
"While we are disappointed in the Supreme Court's decision not to hear our case, we are still fully committed to pursuing our primary avenue of relief, which is the pending rehearing request," a project spokesman told Natural Gas Intelligence.
Williams Companies is the primary developer and would operate Constitution Pipeline, which would be supported by shipments from Cabot Oil & Gas, Duke Energy's subsidiary Piedmont Natural Gas and WGL Holdings.
The project has faced numerous delays, but if constructed, the line would move 650,000 Dth/d of gas production out of Pennsylvania. The system would run 124 miles, moving that natural gas to the Iroquois Gas Transmission and Tennessee Gas Pipeline systems in Schoharie County, N.Y.
