The Independent View: NY Judge Says NY Can't Block Millennium Pipeline Project

New York had denied a Water Quality Certification for Millennum, a 7.8-mile Line to provide around 0.127 Billion Cubic Feet per day (Bcf/d) of Gas to the Valley Energy Center Power Plant in Wawayanda, N.Y., from an Existing Pipeline. New York uses about 3.6 bcfd.

National Fuel’s CEO Ronald Tanski sent a Letter to U.S. Federal Energy Regulatory Commission (FERC) asking the Agency to Overturn the NYDEC’s Denial of a Water Certificate for its Northern Access Project, which runs from Pennsylvania to New York.

Then FERC Overturns New York State’s Denial of Water Permit for Millennium Pipeline.

Millennium Pipeline Co. LLC on Wednesday won another Court battle in its effort to Build their Gas Pipeline in Southern New York, convincing a Federal Judge to Stop the State’s Environmental Watchdog from Blocking Construction based on a Water Quality Permit dispute.

Following Millennium’s Victory earlier this month at the Second Circuit that Cleared the way for the Company to proceed with Construction of the Valley Lateral Pipeline without a Clean Water Act Permit, U.S. District Judge Mae D’Agostino said the Project can’t be stopped.

Energy Traders and Natural Gas Pipeline Companies hailed FERC’s decision to Overturn New York’s Denial of a Water Permit for Building the Millennium Pipeline in the State.

People in the Industry expressed hope that the FERC would be willing to Override other State Decisions to Block other Pipelines, including Williams Cos. Inc.’s (NYSE: WMB) Constitution and National Fuel Gas Co.’s Northern Access Pipelines from Pennsylvania. These could also be Approved if similar Waivers are granted by FERC.

FERC, which is in charge of U.S. Energy Regulation, now has Three Members, after Two New Commissioners were Appointed by President Trump.

Environmental Groups and other Opponents of Fracking blasted the Decision, saying it Violated the State’s Authority.

The New York Department of Environmental Conservation said it was Reviewing whether to Appeal FERC’s Decision, “and will consider all legal options to protect public health and the environment.”