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FERC Smacks Vile Eric Schneiderman Across Face

constitution pipeline

Tom Shepstone
Natural Gas NOW


There is no more vile official in state government than Eric Scheiderman, the vindictive Attorney General of New York, just smacked across the face by FERC.

FERC just issued its opinion on Eric Schneiderman’s allegation that Williams orchestrated tree clearing of the Constitution Pipeline right-of-way. FERC asked, in so many words, just how stupid Schneiderman thought they might be. The agency delivered a smack across the face of the nasty wide-eyed Attorney General playing politics on behalf of the NRDC gang. How sweet it was.

Eric Schneiderman

Eric Schneiderman being honored by the Citizens Campaign for the Environment, a fractivist group funded by the Park Foundation, which also funds NRDC and numerous other fractivist enterprises

NaturalGasNOW readers will recall Eric Schneiderman challenged tree clearing by landowners with land in the Constitution Pipeline right-of-way. His arguments were nothing short of laughable, of course. He was, once again, taking his lead from the NRDC gang. The whole exercise was one of intimidation. FERC didn’t buy, though. FERC issued a decision a few days ago. Here are some of the highlights (emphasis added):

Neither the allegations regarding supposed affirmative acts nor those regarding supposed omissions “clearly identify the action or inaction which is alleged to violate applicable statutory standards or regulatory requirements” and “explain how the action or inaction violates applicable statutory standards or regulatory requirements.”

As for affirmative acts, the May 13 Filing broadly alleges that Constitution “expressly or tacitly authorized, encouraged, or condoned the tree and vegetation cutting and clear-cutting, and other ground disturbance activities within the pipeline right of way.” However, the May 13 Filing does not include any specific facts to support such allegations, but instead relies upon speculation that Constitution had a role in the land clearing that has occurred within its right of way

The allegations regarding supposed omissions are also insufficient. The May 13 Filing claims that Constitution had the duty to force landowners and other third parties to cease ground disturbance activities once it was put on notice of those activities. This claim relies on the argument that a certificate holder “has the duty to not only to comply with the [Certificate] Order, but to ensure that others do not cause violations of the Order within the pipeline right of way property once it knows of those activities.” The filing provides no authority for such a theory of vicarious liability and, therefore, fails to “[e]xplain how the action or inaction violates applicable statutory standards or regulatory requirements.”

That’s pretty clear, isn’t it? Eric Schneiderman’s petition was nothing more than a show trial exercise, similar to his “Exxon knew” actions. He’s the Intimidator General, not the Attorney General. He’s also a mouthpiece for the NRDC gang, as we’ve noted here many times. FERC was not impressed.

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