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Battle for the Pipelines – The Agency Strikes Back

"Environmentalists" - MarkindDaniel B. Markind, Esq.
Weir and Partners, LLP

 

New York can simply not grow without access to natural gas, nor can most areas. The FERC decision addresses this economic reality while others only posture.

With just three months to go, the movie industry is looking at one of its worst years in recent memory.  Earlier this month, Jennifer Lawrence’s new release Mother was such a flop that famed critic Rex Reed called it the “worst movie of the century.”   It appears that Hollywood is missing 2017’s best epic, which might be entitled Battle for the Pipelines – The Agency Strikes Back.  While it may not be a box office blockbuster, the real world ramifications are immense.

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FERC Slams State Overreach on Pipelines; Congress Needs to Act, Too

Dakota AccessMike Krancer
Partner, Leader – Energy, Petrochemical & Natural Resources Practice Group at Blank Rome LLP

 

A recent Millennium Pipeline decision slamming New York DEC was a needed move by FERC to protect its Federal jurisdiction but Congress needs to act as well.

FERC issued a key and very welcome decision on September 15, 2017 when it held that the State of New York, by its passive aggressive handling of a Clean Water Act (CWA) Section 401 Certification, had waived its authority to issue the Certification. FERC here slaps down on states treating CWA certifications as political footballs to veto pipeline infrastructure projects without regard to law or facts but based on politics and pressure by ideological anti-natural gas interest groups.

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FERC Hailed for NY DEC Overturn as Other Pipelines Seek Relief

delaware riverkeeper - Jim Willis reports

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

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FERC delivered a blow to the NY DEC by overturning their Millennium Pipeline denial; the Constitution and Northern Access pipelines will now seek similar relief.

Yesterday we told you history has been made, the Federal Energy Regulatory Commission (FERC) has broken the back of the New York Dept. of Environmental Conservation (DEC) by overturning the DEC’s decision to block a short pipeline Millennium wants to build to a power plant in Orange County.

The DEC has also blocked federally-approved pipeline projects in two other cases, the Constitution Pipeline, a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY carrying Marcellus gas (a Williams project), and the Northern Access Pipeline, a $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY, to carry Marcellus gas northward (a National Fuel Gas Company project).

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The Cuomo Administration Interstate Pipeline Trilogy

Millennium PipelineAttorney Thomas S. West
Founder and Managing Partner
The West Firm, PLLC

 

The Cuomo administration has made it virtually impossible for any interstate pipeline to get approval; at least for it has for the three who have tried.

The Cuomo administration, through the New York State Department of Environmental Conservation (the “Department”), has dealt a severe blow to industry’s efforts to bolster the natural gas interstate infrastructure passing through New York State. The Department has recently denied the construction and operation of three substantive pipeline projects by denying these projects certification pursuant to Section 401 of the Federal Water Pollution Control Act, more commonly known as the Clean Water Act (“CWA”).

As a result, even though these projects are highly regulated by the Federal Energy Regulatory Commission (“FERC”), industry has been unable to construct and operate natural gas pipelines that are sorely needed to satisfy the energy demand in the Northeast. These denials are based upon putative water quality considerations and other environmental factors. Thus far, the courts have been unwilling to rebuke this campaign by the Cuomo administration, but a recent decision from FERC holds out promise that the Department will no longer be able to use administrative delay to frustrate these projects.

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Big Win for Millennium Pipeline: Big Loss for New York DEC

Millennium PipelineAttorney Thomas S. West
Founder and Managing Partner
The West Firm, PLLC

 

FERC just gave Millennium Pipeline a big win and blew New York State DEC out of the water with a much deserved put-down and precedent for other pipelines.

The Federal Energy Regulatory Commission (“FERC”) issued an important decision today in favor of Millennium Pipeline Company, L.L.C. (“MPC”) that is sure to effect New York regulatory matters.  FERC determined that the New York State Department of Environmental Conservation (“NYSDEC”) waived its authority to issue a water quality certificate under Section 401 of the Clean Water Act (“CWA”).

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West Virginia DEP Revokes Twice Approved Mountain Valley Certification

Mountain ValleyMountain ValleyMountain ValleyMike Krancer, Frederick M. Lowther and
Margaret Anne Hill
Energy, Petrochemical & Natural Resources Practice Group at Blank Rome LLP

 

West Virginia DEP oversteps FERC and decides to vacate the already twice approved Mountain Valley Pipeline and revoke the 401 certification.

As we have noted in our prior blog posts on the Constitution Pipeline and Millennium Valley Lateral projects, §401 of the Federal Clean Water Act has become a focal point in the growing efforts by States to exercise dominant authority over FERC jurisdictional pipelines.

This time, the West Virginia Department of Environmental Protection (“WVDEP”) has taken the unprecedented step of actually revoking a §401 certification it had granted in March 2017 and then reaffirmed in May. This action by WVDEP may be the final straw in State authority to review FERC jurisdictional pipelines as FERC and the Congress will be energized to react to the oversteps by New York in Millennium and now West Virginia in Mountain Valley.

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Corruptocrat’s Big Millennium Pipeline Mistake, If It Was One

delaware riverkeeper - Jim Willis reports

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

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Andrew Cuomo, Gov. Corruptocrat, has New York State DEC under his thumb and may have forced it to make a big mistake on the Millennium Pipeline extension.

The New York Department of Environmental Conservation (DEC) issued a refusal, on August 30, to grant a water quality certification to Millennium Pipeline to build a tiny, 7.8 mile pipeline spur from the main Millennium Pipeline to an under-construction natural gas-fired electric generating plant in Orange County. The electric plant will get finished either way, whether it’s fed by natural gas or, alternatively, by dirtier fuel oil. The DEC has blocked many (not all, but many) recently filed pipeline projects in the state–because of undue and corrupt influence from our governor, Andrew Cuomo. Cuomo seeks to appease his radical/enviro base.

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Three Strikes and New York State DEC Ought to Be Out

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

 

New York State DEC has struck three times now; it has just rejected water quality certification for the Millennium Pipeline extension. Time to call it out!

The New York State DEC yesterday formally denied water quality certification for a third FERC regulated pipeline project (check out EID coverage here). This time it was the short Millennial Pipeline extension to serve the already permitted and nearly complete CPV Valley Energy Center gas plant in Orange County. The nature of the decision gives further evidence the whole thing is a farce; a deliberate Cuomo strategy to force FERC to take over pipeline decisions for New York so he can claim his environmental extremist bona fides and still get the gas he needs. It’s Prince Corruptocrat at work.

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Lying NRDC Gang Targets Natural Gas Plant Pipeline

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

 

If any more evidence were needed of the disingenuous nature of the NRDC gang, it’s provided in a recent Catskill Mountainkeeper appeal to fight this pipeline.

The Catskill Mountainkeeper is out with a message to its supporters to fight a 7.8 mile Millennium Pipeline extension to a natural gas plant nearing completion in Orange County, New York. The messaging couldn’t be more disingenuous, so much so that I’m willing to call it outright lying—a word I don’t use that often. What’s behind it is a campaign to frustrate further development of the Marcellus Shale; to keep it away from lands the NRDC gang, of which the Mountainkeeper is part, wants for itself.

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Delaware Riverkeeper Upended by Court in Hypocritical Case

delaware riverkeeper - Jim Willis reports

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

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The Delaware Riverkeeper a/k/a Povertykeeper loses another case, but what makes it interesting is the stance taken by this William Penn Foundation shill.

The Big Green group otherwise known as THE Delaware Riverkeeper (leftist political lobbying arm for the William Penn Foundation that funds it) filed a lawsuit in March in the U.S. Court of Appeals for the Third District. It requested the court overturn a Clean Water Act permit granted by the U.S. Army Corps of Engineers for Kinder Morgan’s Orion Project in northeast Pennsylvania. Earlier this week, in a humiliating defeat, the Third Circuit rejected Riverkeeper’s request and ruled the Army Corps was well within its right to grant the permit (full copy of the ruling below).

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