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The Climate Litigation Database

In re Constitution Pipeline Co., LLC

About this case

Filing year
2014
Status
Order issued denying rehearing.
Docket number
CP13-499, CP13-502
Court/admin entity
United StatesFederal AgenciesFERC
Case category
Federal Statutory Claims (US)NEPA (US)
Principal law
United StatesClean Water Act (CWA)United StatesNational Environmental Policy Act (NEPA)
At issue
Challenge to FERC orders authorizing the Constitution Pipeline Project, a natural gas transmission line that would travel through Pennsylvania and New York.
Topics
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Documents

Filing Date
Document
Type
Topics 
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Search results
01/28/2016
Order issued denying rehearing.
Decision
01/27/2015
Order issued granting rehearing for further consideration.
Decision
01/02/2015
Petition for rehearing filed by Henry S. Kernan Trust.
Petition For Rehearing
01/02/2015
Request for rehearing filed by Stop the Pipeline.
Request
01/02/2015
Request for rehearing filed by Allegheny Defense Project and Damascus Citizens for Sustainability.
Request
12/31/2014
Request for rehearing filed on behalf of Capital Region Board of Cooperative Educational Services.
Request
12/30/2014
Request for rehearing filed by six environmental groups.
Five requests for rehearing were filed with the Federal Energy Regulatory Commission (FERC) seeking rescission of its approval of a 124-mile gas pipeline between Pennsylvania and New York. The requests for rehearing charged that FERC committed a number of errors in its review of the pipeline, including failures to fully consider the project’s environmental impacts. For example, Catskill Mountainkeeper and other organizations charged that the environmental review should have considered the indirect impacts of additional gas production and that it had not fully considered the project’s greenhouse gas emissions. Among the alleged insufficiencies related to the project’s greenhouse gas emissions were failure to consider cumulative impacts, failure to consider the impact of the elimination of carbon sinks such as forests and wetlands, and failure to properly incorporate the social cost of carbon into the impact analysis. Catskill Mountainkeeper also accused FERC of improperly minimizing the significance of the project’s greenhouse gas emissions by comparing them to global emissions. Concern regarding the assessment of greenhouse gas emissions was echoed in other requests for rehearing, including it the request submitted by Stop the Pipeline, which took issue with the project sponsor’s assertion that natural gas would reduce greenhouse gas emissions.
Request

Summary

Challenge to FERC orders authorizing the Constitution Pipeline Project, a natural gas transmission line that would travel through Pennsylvania and New York.

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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance