By William Opalka

With its window for limited tree felling closing in four weeks, Constitution Pipeline is again asking FERC for permission to allow the operation in New York (CP13-499).

The developer wrote the commission on Thursday, citing a federal court’s dismissal of an injunction sought by environmentalists seeking to halt cutting in Pennsylvania.

Constitution argues this means the director of the Office of Energy Projects should allow it to conduct similar operations along the entire 124-mile route from the shale gas fields of northeast Pennsylvania to Schoharie County, N.Y. The 2nd Circuit Court of Appeals denied the environmentalists’ motion on Feb. 24 (16-345).

Constitution has to cut trees 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.

“Issues pertinent to this request were before the court and the court’s order provides additional support and the proper timing for the director to act on Constitution’s request … [with] the March 31 deadline established by the U.S. Fish and Wildlife Service fast approaching,” the letter states.

Constitution asked FERC to grant it a Notice to Proceed by March 2. FERC granted an NTP for Pennsylvania only on Jan. 29.

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. But the operation has been challenged by environmentalists and New York Attorney General Eric Schneiderman, who contend that Constitution must first have clean water permits from the state Department of Environmental Conservation. (See New York AG: No Tree Cutting for Pipeline Without Water Quality Permits.)

Constitution said it had completed 70% of its planned cutting in Pennsylvania.

The project is a joint venture of Williams, Cabot Oil & Gas, Piedmont Natural Gas and WGL Holdings.