PSC documents explain state reliance on natural gas

For all of its focus on growing renewable energy, the Cuomo administration still views natural gas as an essential part of the state’s energy mix, according to recent filings with the Public Service Commission.

Source: PSC documents explain state reliance on natural gas

The Recorder – Pipeline lawsuit called ‘aggressive,’ precedent-setting

Source: The Recorder – Pipeline lawsuit called ‘aggressive,’ precedent-setting

By RICHIE DAVIS Recorder Staff
Sunday, March 20, 2016
1
With the state attorney general expected to weigh in on a pipeline lawsuit challenging the Massachusetts Constitution’s protection of conservation lands, area officials are calling for a vigorous defense of open space.

Pointing to Tennessee Gas. Pipeline Co.’s suit against the state over a proposed natural gas pipeline through state-protected forest in Sandisfield, state Rep. Stephen Kulik said Friday he plans to call for the Massachusetts House to file a “friend of the court” brief in the case. He said the constitutional provision, called Article 97, will also likely come into play in the controversial Northeast Energy Direct pipeline through eight Franklin County towns.

The pipeline company asserts that its Federal Energy Regulatory Commission approval for its Berkshire County route supercedes the state’s constitutional protection of conservation land there.

Kulik called TGP’s plans to override state constitutional protections of open space “probably the greatest overstepping of FERC’s bounds that I can imagine. I would be very pleased if our congressional delegation in its entirety would join with us aggressively weighing in.”

Kulik said Friday, “We have to assert our institutional and constitutional responsibility as a Legislature given to us by the citizens of Massachusetts. It’s a power people have given to the General Court. They certainly didn’t give it to FERC, to some unelected bureaucracy in Washington … I’m hoping for a really aggressive pushback by our attorney general.”
TGP had hoped the Legislature would grant a waiver from Article 97 to allow the 13.42-mile-long pipeline through Sandisfield, which was approved a week ago by FERC. The energy giant sued one day after a Massachusetts legislative committee put that Article 97 waiver request in a procedural graveyard.

Such a waiver requires a two-thirds vote by both legislative branches to re-designate protected public land for other use.

The TGP suit, filed in Berkshire County Superior Court, seeks eminent domain of 21.5 acres in Sandisfield, with easements in the affected part of Otis State Forest. The suit came even as Sandisfield residents formally appealed FERC’s approval for the project — pointing out that the state’s constitutional issue and federal water-quality permits had not yet been settled.

Kulik addressed a group Thursday night participating in a Sugar Shack Alliance protest walk against the pipeline, advising the group, trained in direct action to focus on the Sandisfield issue now, although he stopped short of calling for civil disobedience.

Although he said it’s probably good to have the question raised and resolved over the Sandisfield case rather than waiting for it to surface on the NED project, FERC is now reviewing the pipeline route through Plainfield, Ashfield, Conway, Shelburne, Montague, Deerfield, Erving, Montague, Northfield and Warwick.

Kulik said conservation land was established with money “raised by the people of Massachusetts. Everyone in the state who cares about natural resources protection needs to be concerned about this, especially because there is zero benefit from any energy or public policy perspective to the people of Massachusetts. That’s like really rubbing our noses in this.”

Senate President Stanley Rosenberg, D-Amherst, on Thursday called the lawsuit “the beginning of resolving the question” on federal preemption and the state constitutional provision. He, like other legislators, said he would expect the attorney general’s office to respond for the state and predicted the case “could go all the way to the U.S. Supreme Court.”

Asked about the AG’s plans in the case, a spokesman said the attorney general will be defending the state and the Department of Conservation and Recreation in this matter and plans to file an opposition prior to the hearing.

Kathryn Eiseman of Pipeline Awareness Network of Massachusetts said, “This is where the rubber hits the road with respect to Article 97 … Many people are just waking up to the importance of this land in Otis State Forest. Not only is a forest with some of the last remaining old-growth hemlock stands in Berkshire County directly threatened, the whole framework under which land is protected in our commonwealth, under our Constitution, is potentially threatened.”

Rather than trying to circumvent the protected Spectacle Pond property donated by the Massachusetts Audubon Society, she said, TGP appeared to have “purposely targeted it and are digging in their heels, with the hope to establish authority to run roughshod through our protected lands across the commonwealth.”

Although it’s unclear exactly whether FERC’s federal preemption conflicts with Massachusetts’ unique constitutional provision giving the Legislature sole authority over conservation land, Boston attorney Richard Kanoff, who represents Pipeline Awareness Network of the Northeast as well as Montague and other municipalities in cases involving the NED pipeline project, said “This is a really significant issue, and there are a lot of important questions involved. I would be surprise if the attorney general doesn’t file. It raises significant concern about whether Article 97 means anything, or whether a 401 water quality certificate means anything.”

A hearing on TGP’s case seeking to exercise eminent domain over the land in question is scheduled for March 30. There is a March 31 cutoff under the federal Endangered Species Act to protect migratory birds that use the trees for spring nesting, although the company has asked the U.S. Fish and Wildlife Service for that deadline to be extended until May 1. In its court filing, it seeks authority for condemnation by April 15.

You can reach Richie Davis at: rdavis@recorder.com
or 413-772-0261, ext. 269

TransCanada to Buy Columbia Pipeline Group in $10.2 Billion Deal – The New York Times

The all-cash deal will make the Canadian company a major force in the distribution of natural gas produced in the northeastern United States.

Source: TransCanada to Buy Columbia Pipeline Group in $10.2 Billion Deal – The New York Times

Timing Is (Almost) Everything: FERC Implements D.C. Circuit Guidance on NEPA Review of Multiple Pipeline Construction Projects | The National Law Review

In the wake of two recent D.C. Circuit decisions, the Federal Energy Regulatory Commission (FERC) has begun to implement its new policy concerning the review of natural gas pipeline construction pro

Source: Timing Is (Almost) Everything: FERC Implements D.C. Circuit Guidance on NEPA Review of Multiple Pipeline Construction Projects | The National Law Review

Blockadia Gets Real |

Source: Blockadia Gets Real |

Resistance to Gas Pipelines Spreading / Public News Service

Resistance to Gas Pipelines Spreading / Public News Service.

Landowners briefed on pipeline’s progress

Landowners briefed on pipeline’s progress.

DEC Extends Public Comment Period On Proposed Constitution Pipeline Until FEB. 27th – A New DEC Press Release

DEC Extends Public Comment Period On Proposed Constitution Pipeline Until FEB. 27th – A New DEC Press Release.

DEC Extends Public Comment Period On Proposed Constitution Pipeline Until FEB. 27th – A New DEC Press Release

DEC Extends Public Comment Period On Proposed Constitution Pipeline Until FEB. 27th

The New York State Department of Environmental Conservation (DEC) today extended the public comment period on the draft permit for the proposed, federally regulated Constitution Pipeline and an upgrade to the Iroquois Wright Compressor station in Schoharie County by an additional 28 days. Public comments on the propose project will now be accepted until close of business on Friday, February 27.

The Constitution Pipeline is a proposed interstate natural gas pipeline that would traverse though Broome, Chenango, Delaware and Schoharie counties. The Federal Energy Regulatory Commission (FERC) was responsible for conducting an environmental review of the project and has the authority to approve the pipeline route. FERC issued a final Environmental Impact Statement (FEIS) in October, which can be viewed at: http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20141024-4001.

DEC maintains the authority to review applications for specific permits and approvals, including an Air Title V permit for the proposed compressor station upgrade, as well as a Water Quality Certification, a Protection of Waters permit, a Water Withdrawal permit and a Freshwater Wetlands permit for state-protected wetlands and adjacent areas.

Written comments should be submitted to:

Stephen M. Tomasik
DEC – Division of Environmental Permits
625 Broadway, 4th Floor
Albany, NY 12233-1750
constitution@dec.ny.gov

In addition, people can provide verbal or written comments at the following public meetings:

  • Binghamton – Monday, Jan. 12, 2015, 6 p.m. East Middle School Auditorium, 167 East Frederick Street
  • Oneonta – Tuesday, Jan. 13, 2015, 6 p.m.
    SUNY Oneonta Lecture Hall IRC #3, 108 Ravine Parkway
  • Cobleskill, Wednesday, Jan. 14. 2015, 6 p.m.
    SUNY Cobleskill, Bouck Hall Theater, State Route 7

Copies of the FEIS and DEC permit application documents can be viewed online at:http://www.constitutionpipeline.com/. Printed copies are available at:

The Broome County Public Library, 185 Court St., Binghamton
The Afton Free Library, 105A Main St., Afton
The Bainbridge Free Library, 13 N Main St., Bainbridge.
The Franklin Free Library, 334 Main St., Franklin
Sidney Memorial Public Library, 8 River St., Sidney
Deposit Free Library, 159 Front St., Deposit
The Community Library, 110 Union St., Cobleskill
Schoharie Free Library, 103 Knower Ave., Schoharie

Information on the Iroquois Wright Compressor Station can viewed at: http://www.iroquois.com/documents/WIP_-_NYSDEC_Air_Permit_Application_7-26-13.pdf

Printed copies are also available at:

Schoharie Free Library, 103 Knower Avenue, Schoharie
Town of Wright Municipal Building, 105-3 Factory Street, Gallupville

A New Era of Crude Oil Transport: Risks and Impacts in the Great Lakes Basin by Susan Christopherson and Kushan Davea

A New Era of Crude Oil Transport:

Risks and Impacts in the Great Lakes Basin

by Susan Christopherson and Kushan Davea

 

cardi.cornell.edu/cals/devsoc/outreach/cardi/publications/loader.cfm?csModule=security/getfile&PageID=1129482&utm_source=CaRDI+Communique&utm_campaign=f70ace3e1f-CaRDI_Communique_12-3-2014&utm_medium=email&utm_term=0_a1445e4b46-f70ace3e1f-29556357.

 

CaRDI is a Multidisciplinary Social Sciences Institute of Cornell University

http://www.cardi.cornell.edu

CaRDI Reports is a publication of Cornell University’s Community & Regional Development Institute (CaRDI), edited by

Robin M. Blakely-Armitage. CaRDI publications are free for public reproduction with proper accreditation.

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Pipeline Companies Paying More to Cross Private Land | The Texas Tribune

Pipeline Companies Paying More to Cross Private Land | The Texas Tribune.

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