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Court Kicks Constitution Pipeline and Case Down Road

Constitution Pipeline - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

 

The Second Circuit Court of Appeals has ruled on the Constitution Pipeline, kicking Williams in the gut on part of it and kicking part of it down the road.

A three-judge panel of the Second Circuit Court of Appeals in New York City composed of Carter, G.W. Bush and Obama appointees has issued a very disappointing decision in the Constitution Pipeline case. It ruled against the Constitution Pipeline on the matter of whether the New York DEC acted arbitrarily in denying water quality certification while saying it had no authority to decide the critical question; whether DEC took too long. A read of the opinion (available here with my highlighting of important points) is an exercise in appreciating everything that’s wrong with New York, the courts and the pipeline industry.

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Will FERC Make the Constitution Pipeline Finally Happen?

delaware riverkeeper - Jim Willis reports

Jim Willis
Editor & Publisher, Marcellus Drilling News (MDN)

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Recent rumblings from Williams suggests there’s still lots of life left in the Constitution Pipeline, especially now that a FERC quorum has been restored.

The New York Department of Environmental Conservation (DEC) caved to corrupt political pressure from Andrew Cuomo in April, 2016 and denied the Williams Constitution Pipeline a necessary federal 401 water quality certification, blocking the project. At that moment, DEC stepped off a cliff. It’s been a long, slow process, but we’ve watched the agency fall ever since. And now, it will soon hit the bottom.

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Two States, Two Pipeline Projects, Two Worlds Apart

delaware riverkeeper - Jim Willis reports

Jim Willis
Editor & Publisher, Marcellus Drilling News (MDN)

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The progress and impending conclusions of two pipeline projects in New York and Pennsylvania have been monitored by Marcellus Drilling News with big reveals.

New York’s corrupted Dept. of Environmental Conservation (DEC) is running scared. For 19 months the DEC has intentionally delayed granting a tiny, 9-mile spur Millennium Pipeline wants to build in Orange County, NY the necessary Federal 401 Water Quality Certification it needs. Millennium took the DEC to federal court, but the court refused to get involved, telling Millennium that if the DEC is delaying, the Federal Energy Regulatory Commission (FERC) can jump in, tell New York it used up it’s time and authorize the project to proceed. So, that’s what Millennium did. They asked FERC to act.

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Riverkeeper Fail: The Shrinking Influence of a Big Mouth

cost of renewables - Tom ShepstoneTom Shepstone
Natural Gas NOW

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The Delaware Riverkeeper Network, a political action group masquerading as a charity, failed again as two FERC members were appointed by unanimous consent.

Earlier in the week a regular reader sent me an action alert from the Delaware Riverkeeper Network, known not so affectionately here as the Delaware Povertykeeper or right arm of the Philadelphia gentry class. He sarcastically made the subject line “No lobbying here.” It was all about the continuing and quite extensive efforts of the Riverkeeper/Povertykeeper to prevent new FERC appointments so key pipeline projects would be stalled and kept in limbo ad infinitum.

The fact the Riverkeeper/Povertykeeper even imagined this was a viable strategy ignored the political realties; both Democrats and Republicans want those projects. This is why Maya and company, the biggest mouths on the fractivist scene and hired guns for elitist power-brokers were ignored and those appointments have now been approved. It was a big fail.

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DEC Screams Like Stuck Pig As Millennium Asserts Rights

delaware riverkeeper - Jim Willis reports

Jim Willis
Editor & Publisher, Marcellus Drilling News (MDN)

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Millennium Pipeline has asserted its rights with FERC and New York State DEC is screaming like a stuck pig, begging for retention of its supposed authority.

MDN just brought you the exciting news that Millennium Pipeline has asked the Federal Energy Regulatory Commission (FERC) to overrule the New York Department of Environmental Conservation. The agency is politicized and corrupted by Gov. Andrew Cuomo, so Millennium has asked FERC to go ahead and issue permission to commence construction of a very small 7.8 mile pipeline that will connect its pipeline to a natural gas-fired power plant now under construction in Orange County, New York.

Now, DEC is screaming and begging for an opportunity to make to still be the decision maker. If any further proof is needed that hardball is the way the game is played in New York, this is it. Millennium knows how to play, because they’ve done business here before.

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Millennium Calls Foul on DEC, Asks FERC to Curb NY

delaware riverkeeper - Jim Willis reports

Jim Willis
Editor & Publisher, Marcellus Drilling News (MDN)

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Millennium Pipeline asks FERC to intervene and issue them a Notice to Proceed after Gov. Cuomo and NY DEC refuse to approve the necessary permits.

This is it folks. This is the case that will crush New York Gov. Andrew Cuomo’s blockade of important pipeline projects in the Empire State. For 19 months the New York Dept. of Environmental Conservation (DEC) has dithered around, at the prompting of Andrew Cuomo, and has refused to grant federal Section 401 Water Quality Certification stream crossing permits for a tiny 7.8 mile pipeline spur off the Millennium Pipeline in Orange County, called the Valley Lateral Project, to feed a gas-fired electric generating plant that is now under construction.

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Another Journalism Fail As Reporters Swoon for Political Nuns

delaware riverkeeper - Jim Willis reports

Jim Willis
Editor & Publisher, Marcellus Drilling News (MDN)

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Two stories in major Pennsylvania newspapers illustrate so much of the problem with journalism today as they ignore two elephants in the room with the nuns.

A group of Catholic nuns who prefer to worship Mother Nature rather than Jesus Christ (the Person they pledged to serve) is suing the Federal Energy Regulatory Commission (FERC) for approving the $3 billion, 198-mile Atlantic Sunrise Pipeline project; because it will run through their cornfield. Perhaps the sisters consider themselves Sisters of the Corn? We previously told you about this small group of nuns who use the same natural gas that will flow through Atlantic Sunrise Pipeline to heat their own property.

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Delaware Riverkeeper Now Going After the Little Guys

delaware riverkeeper - Jim Willis reports

Jim Willis
Editor & Publisher, Marcellus Drilling News (MDN)

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If it is not enough the fractivist Delaware Riverkeeper gang aims to disrupt interstate pipelines; now they are targeting small pipeline projects, too.

A change-up in tactics for Maya van Rossum, THE Delaware Riverkeeper. Until now, Riverkeeper has mostly concentrated its efforts on big, federally regulated interstate pipeline projects, like the PennEast Pipeline. However, new marching orders have been delivered from Riverkeeper’s overlords at the William Penn Foundation. Time to go after the small potatoes, too.

So, Riverkeeper (funded big-time by William Penn) naturally obeys, and has filed a petition against building a small, 14-mile pipeline near Philadelphia that will feed a proposed Birdsboro Power project, slated for construction in 2018. Birdsboro Power is a proposed 488-megawatt natural gas-fired electric plant in Birdsboro (Berks County), to be built by EmberClear with major backing by two Japanese companies..

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New York DEC 401 Certification Authority on the Precipice?

delaware riverkeeper - Jim Willis reports

Jim Willis
Editor & Publisher, Marcellus Drilling News (MDN)

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New York DEC has, once again, been put on notice from a federal court, ruling FERC has the right to issue 401 certifications regardless of their denials.

A new threat against the New York Dept. of Environmental Conservation’s authority over pipeline projects is coming from yet another federal court. Last month MDN brought you the huge news that the U.S. Court of Appeals for the District of Columbia Circuit dismissed a lawsuit brought by the Millennium Pipeline against the NY DEC for delaying a decision to authorize a 9-mile pipeline Millennium wants to build from their main pipeline to an under-construction natgas-fired electric plant in Orange County, NY, called the Valley Lateral Project.

Which may, at first blush, seem like a defeat. It was anything but a defeat. The justices, in their decision, said that the Federal Energy Regulatory Commission (FERC) has the right and responsibility to step back in and issue the water crossing permits themselves, overruling the NY DEC, if FERC so chooses.

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New England Sleeps As Gentry Class Fractivists Steal It Blind

delaware riverkeeper - Jim Willis reports

Jim Willis
Editor & Publisher, Marcellus Drilling News (MDN)

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New England is facing a bleak energy future according to its electric grid operator. Gentry class fractivists are stealing it blind as they kill pipelines.

Last December, Spectra Energy pushed the pause button on their Access Northeast Pipeline project, a roughly $3 billion project in New England to connect four existing pipeline systems (with enhancements). These included the Texas Eastern, Algonquin Gas Transmission, Iroquois and Maritimes & Northeast Pipelines. Spectra’s original strategy was to bring natural gas to New England by cutting deals with electric companies who need the gas to produce cheaper electricity at their natgas-fired power generation plants. However, gentry class fractivists came out in force against the plan, (sadly) aided and abetted by Spectra’s competitors, and those plans are now in ruins with three states blocking any such plans.

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