Constitution Pipeline Co. v. New York State Department of Environmental Conservation

The U.S. Supreme Court denied certiorari to a pipeline developer seeking review of a Second Circuit decision that upheld the New York State Department of Environmental Conservation’s denial of a water quality certification for an interstate natural gas pipeline. The developer had argued that denial of the certification interfered with the Federal Energy Regulatory Commission’s exclusive jurisdiction and violated fundamental principles of federal supremacy.

Constitutional Pipeline Company, LLC filed a petition for a writ of certiorari in the U.S. Supreme Court seeking review of the Second Circuit’s decision upholding the New York State Department of Environmental Conservation’s (NYSDEC’s) denial of a water quality certification for an interstate natural gas pipeline. The company argued that Congress had given the Federal Energy Regulatory Commission the authority to determine the location of interstate pipelines and that NYSDEC had interfered with this authority by denying the water quality certification on the ground that the company had not provided sufficient information about alternative pipeline routes. In its letter denying the certification, NYSDEC also cited potential climate change-related impacts to water resources. The company said the case presented the question of whether the denial of the certification interfered with FERC’s exclusive jurisdiction and violated fundamental principles of federal supremacy.