By William Opalka
New York Attorney General Eric Schneiderman asked FERC on Friday to prevent a natural gas pipeline developer from clearing trees along the route of one of its projects while water quality permits are pending (CP13-499).
Constitution Pipeline wants to build a 124-mile pipeline through New York to connect shale gas fields in Pennsylvania with markets further east.
“Since cutting down trees in the pipeline corridor constitutes construction, the [Office of Energy Projects] may not grant the request to proceed unless and until Constitution has obtained all of the authorizations required under federal law to construct the proposed pipeline,” Schneiderman wrote in his request for a stay.
The pipeline has all the necessary permits except for water quality certification under Section 401 of the U.S. Clean Water Act. That application is pending before the state Department of Environmental Conservation. The project would cross 220 bodies of water along its route, according to the attorney general.
Schneiderman said tree cutting would cause “irreversible alterations” to property before required permits are obtained.
Constitution told FERC in January 2015 that tree cutting must be conducted between Nov. 1 and March 31 to comply with U.S. Fish and Wildlife Service recommendations to mitigate impacts on migratory birds and the northern long-eared bat.
“Constitution is therefore requesting written authorization … to commence limited, non-mechanized tree felling activities necessary to comply with these conservation measures,” the company wrote to FERC.
The developer said it would use chainsaws to cut trees at or above ground level and would not disturb soils or root systems. It said it would leave the felled trees in place until other construction started.
FERC granted Constitution a certificate of public convenience and necessity in December 2014. The project has encountered fierce opposition from the group Stop the Pipeline, which cites environmental threats to streams, wetlands and forests along its route. (See Constitution Pipeline Opponents Asks Appeals Court to Force FERC Action.)