Court: State Can Stop Gas Pipeline Under Clean Water Act
By Mary C. Serreze for Mass Live. Fossil fuel foes are claiming victory after a federal appeals court on Friday upheld New York's move to block a federally permitted interstate natural gas pipeline that failed to meet state water quality standards.
The New York Department of Environmental Conservation acted properly in 2016 when it denied Constitution Pipeline a Section 401 certificate under the U.S. Clean Water Act, effectively vetoing the project, the Second Circuit Court of Appeals ruled.
The judicial review "carries nationwide implications, as it will invariably influence states' decisions to block pipelines under the Clean Water Act across the country," said the Natural Resources Defense Council in a statement.
"This victory is an important reminder to all states that they have the power to stop harmful pipeline projects," asserted the New York-based Waterkeeper Alliance. In its 27-page decision, the Second Circuit said Congress intended the states to "retain the power to block, for environmental reasons, local water projects that might otherwise win federal approval."