By William Opalka

Opponents of a pipeline that would move shale gas from northeastern Pennsylvania to New York and New England markets made good on a promise Friday to go to court to force a rehearing of federal regulators’ approval of the project.

The Federal Energy Regulatory Commission issued a rehearing order on Jan. 27, but the Stop the Pipeline group says that is merely a procedural move as the regulator avoids its petition “to grant, deny or otherwise act on the merits of STP’s Jan. 2, 2015, request.” The group wants FERC to hold a rehearing by May 1, it said in its plea for a writ of mandamus from the U.S. District Court of Appeals for the Second Circuit in New York (15-926). (See Constitution Pipeline: Headed to Completion or to Court?)

The proposed 124-mile Constitution Pipeline won a certificate of public convenience and necessity from FERC on Dec. 2. The commission issued its Final Environmental Impact Statement on Oct. 24.

The actions were taken before the project received other regulatory approvals, including water quality permits under the Clean Water Act’s section 401, which opponents say is a violation of the law.

The project is currently under review by the New York Department of Environmental Conservation, which closed its public comment period on Feb. 27.

Without action on the rehearing, STP says it is in “administrative limbo” while it also is denied the opportunity to challenge FERC’s order in court. STP said Constitution started more than 120 eminent domain proceedings in mid-December, and by Feb. 21 a district court had given Constitution the right to condemn the properties and enter potential pipeline sites without the owners’ permission.

“The commission has caused, and continues to cause, significant injury to STP’s members … before it has even been determined that the pipeline project will ultimately be authorized to proceed,” the petition states.

Constitution is on an aggressive schedule, with construction scheduled to start this year and the pipeline in operation by late 2016. It would connect the Pennsylvania gas fields with an interstate pipeline that runs from the Southwest to New England.

“FERC has already thoroughly evaluated the project and approved this vital infrastructure, agreeing that the plan we have developed minimizes environmental impacts. We are looking forward to obtaining final clearances so we can begin construction this summer,” Constitution spokesman Christopher Stockton said.