In aggressive move, federal agency overrules New York on pipeline permit

[Judi Lynn]

Source: Think Progress


Legal experts predict New York environmental regulators will appeal decision.
MARK HAND
SEP 18, 2017, 3:39 PM

Federal energy regulators undercut a New York environmental agency Friday, allowing a pipeline company to go forward with a project the state had previously blocked.

The Federal Energy Regulatory Commission (FERC) granted a natural gas pipeline company permission to move forward with its project, even though the New York State Department of Environmental Conservation refused to grant the company a water quality permit required under the Clean Water Act. Under section 401 of the Clean Water Act, states must certify that a pipeline will not violate clean water standards before construction on that pipeline can begin.

FERC ruled the state failed to meet a statutory one-year deadline to act on the permit request and therefore waived its authority to issue a decision on the application. Pipeline opponents criticized the federal commission’s ruling to overturn the state environmental agency’s decision.

“FERC’s reversal of Governor Cuomo’s decision is an insult to New Yorkers and our right to protect our communities and our water,” Roger Downs, director of the Atlantic chapter of the Sierra Club, said in a statement. “States unquestionably have the authority to rule whether a dirty, dangerous fracked gas pipeline violates clean water laws, and nowhere is FERC granted the right to override that authority.”

Read more: https://thinkprogress.org/federal-agency-overrules-environmental-regulators-2f773c9bacb7/

[iluvtennis]

1. Anyone know if New York can sue the Feds over this intrusion into state business?

[ananda]

2. They should sue ..

.. but with a rightwing SCOTUS I don't know
if it will turn out well.

[elleng]

5. Not at all likely.

There are often dual jurisdiction matters, and looks like here, New York erred.

[DeminPennswoods]

3. What happened to that old GOP stand by

"states rights"?

[christx30]

6. They mean that they will ignore

federal court orders that aren't in their favor. Like if New York does something to prevent the construction of the pipeline, and dares the judge to enforce his ruling.

[elleng]

4. 'the state failed to meet a statutory one-year deadline to act on the permit request'

Really too bad. Statutory deadlines are very important in legal and regulatory matters. Too bad New York failed.