The Federal Energy Regulatory Commission has found that New York waived its water quality authority for Williams’ Constitution Pipeline, giving new life to a natural gas project stalled since April 2016 when state regulators denied a permit. . . .
The commission, by a 4-0 vote late Wednesday, reversed its earlier finding — that the New York review could not be waived — in light of a recent DC Circuit Court of Appeals ruling in Hoopa Valley v.
FERC. The Hoopa case had involved a hydropower project for which states and PacifiCorp agreed to defer the Clean Water Act’s one-year statutory deadline by annually withdrawing and resubmitting the water permit. . .
FERC rejected arguments from New York and environmental groups that differing circumstances in the Constitution case weighed against granting a waiver. . .