Environmental -- 2018

Constitution Pipeline Company v. New York   (U.S. Supreme Court)

State veto authority over interstate natural gas pipelines

On February 20, 2018, the NAM filed an amicus brief in the United States Supreme Court in support of the Constitution Pipeline Company's authority to construct a new natural gas pipeline from Pennsylvania to New York State. New York previously rejected the proposed pipeline because the state disagreed with the pipeline's proposed route. Routing decisions for natural gas pipelines come within the power of the Federal Energy Regulatory Commission (FERC), however, not states. New York's denial therefore improperly encroaches on FERC's siting authority. The NAM's amicus brief argues that the Supreme Court should hear this case because New York's rejection violates the law and would harm manufacturers. The NAM's brief highlights the significant economic, environmental, and national security benefits of natural gas. We also argue that Congress empowered FERC to be the key decisionmaker in approving interstate pipelines, and that New York's denial distorts the congressional design and threatens to deprive the nation and other states of the significant benefits of natural gas. On April 30, 2018, the Court denied certiorari.

Related Documents:
NAM Brief  (February 20, 2018)


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