By William Opalka

Conceding that much of the 2016 construction season has been lost due to regulatory delays, the developers of the Constitution Pipeline say the project will be delayed by nearly a year (CP13-499).

The pipeline, which is intended to deliver shale gas from Pennsylvania into the New York and New England markets, is now projected to begin service in the second half of 2017. The developers had proposed operation of the 124-mile pipeline in the fourth quarter of this year.

FERC did not act on the developer’s request to cut trees in New York before March 31, so that window has closed. (See Constitution Again Seeks Tree-Felling Permission in NY.) Constitution is required 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. FERC did not grant permission in New York but did allow those operations in Pennsylvania, which have been completed.

“The March 2, 2016, target date for receipt of written authorization has passed and, as a consequence, Constitution will not be able to complete the required tree felling within the deadline established by the United States Fish and Wildlife Service,” the company wrote in a letter to FERC. “The renewed request for written authorization to conduct tree felling set out in the Feb. 25 letter, accordingly, is now moot and no longer needed. Constitution will file a new request for the necessary authorization at the appropriate time.”

New York Attorney General Eric Schneiderman had opposed the operation, saying FERC should not allow tree felling without a Section 401 permit under the federal Clean Water Act, to be issued by state environmental officials.

Constitution spokesman Chris Stockton said the New York Department of Environmental Conservation has until April 29 to render its decision. He added that construction in Pennsylvania will continue and some activities in New York away from stream crossings would proceed.