New York Sued Over Resurrected Gas Pipeline Project: Environmentalists and Homeowners Challenge Federal Approval

A coalition of nonprofits, homeowners, and conservationists has filed a lawsuit against the Federal Energy Regulatory Commission (FERC) for reapproving the Northeast Supply Enhancement (NESE) gas pipeline project, which spans across New York, Pennsylvania, and New Jersey. The lawsuit argues that FERC's approval is inconsistent with environmental laws and ignores the project's significant environmental harms.

As New York Governor Hochul weighs whether to issue a water quality certification for the pipeline, environmentalists and community leaders are urging her to reject the project, citing concerns about the pipeline's impact on water quality and marine ecosystems. The New York State Department of Environmental Conservation (DEC) has already denied the permit three times, stating that the pipeline would degrade water quality.

Key Takeaways:

• The lawsuit challenges FERC's reissuance of the NESE certificate, arguing that it ignores current realities and fails to assess the project's actual environmental harms.
• The coalition of plaintiffs, led by Earthjustice, argues that the law requires Transco to submit a new and updated application for the project.
• The NESE pipeline would impose significant costs on ratepayers, with estimated costs of at least $1.4 billion, and would harm New York's waters and marine ecosystems.
• Governor Hochul must decide whether to issue a water quality certification for the pipeline, which is solely within New York's jurisdiction and has already been denied three times by the DEC.
• The lawsuit argues that FERC's approval is inconsistent with the National Environmental Policy Act, the Natural Gas Act, and FERC's own rules.
• New York has the authority and obligation to protect its environment and safeguard the health and well-being of its communities.

Statistics:

• Estimated costs of the NESE pipeline: $1.4 billion and likely much more.
• Number of days FERC had to grant the rehearing request after the plaintiffs filed: 30 days.
• Number of times the DEC has denied the permit: 3.
• Percentage of New Yorkers who expect Governor Hochul to uphold the law and protect their health and well-being: likely a majority.

Sources:

• Plaintiffs' lawsuit against FERC: (no specific source mentioned)
• Statement from Rep. Dan Goldman: (no specific source mentioned)
• Statement from Senator Liz Kruger: (no specific source mentioned)
• Statement from Liz Moran: Liz Moran, New York Policy Advocate at Earthjustice.