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Pipes for the Constitution Pipeline are stacked at a pipe yard in Altamont, New York.

The U.S. Court of Appeals for the Second Circuit upheld New York State's denial of a water quality certification for the Constitution Pipeline Friday, a critical win for the Attorney General's office and the state's authority to take necessary action to protect its waters and natural resources. The appeals court noted that the state is entitled to "conduct its own review of the Constitution Project's likely effects on New York waterbodies and whether those effects would comply with the state's water quality standards."

New York must be able to do what's necessary to protect our environment—and we're glad that the court agreed.

The U.S. Court of Appeals for the Second Circuit upheld New York State’s denial of a water quality certification for the Constitution Pipeline Friday, a critical win for the Attorney General’s office and the state’s authority to take necessary action to protect its waters and natural resources. The appeals court noted that the state is entitled to “conduct its own review of the Constitution Project’s likely effects on New York waterbodies and whether those effects would comply with the state’s water quality standards.”

New York must be able to do what’s necessary to protect our environment—and we’re glad that the court agreed.


It would be unacceptable for a pipeline—or any project—to pollute our waters and undermine New Yorkers’ health and water resources. Today’s decision marks a major win for New Yorkers, and for the state’s right to take the actions necessary to protect the public and our environment.

My office stands ready to continue to vigorously defend New Yorkers’ right to a safe and healthy environment from all who may harm it.

The proposed Constitution Pipeline would include construction of 100 miles of new natural gas pipeline across undeveloped lands in central New York, impacting and crossing more than 250 streams and more than 80 acres of wetlands.

In December 2014, the Federal Energy Regulatory Commission approved the pipeline but conditioned that approval on certification from New York State that the project would comply with state water quality standards and requirements. Following a thorough review of the project, the Department of Environmental Conservation denied the certification on the grounds that Constitution failed to provide sufficient information to demonstrate that the project would meet New York’s water quality standards. Constitution challenged Department of Environmental Conservation’s denial.

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I led a coalition of 23 states, cities and counties in opposing President Trump's executive order today that the administration described as paving the way to eliminating the Clean Power Plan rule.

The coalition—which includes the Attorneys General of New York, California, Connecticut, Delaware, Hawaii, Iowa, Illinois, Maine, Maryland, Massachusetts, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington and the District of Columbia, as well as the chief legal officers of the cities of Boulder, Chicago, New York, Philadelphia, South Miami and Broward County, Florida—issued the following statement today:

I led a coalition of 23 states, cities and counties in opposing President Trump’s executive order today that the administration described as paving the way to eliminating the Clean Power Plan rule.

The coalition—which includes the Attorneys General of New York, California, Connecticut, Delaware, Hawaii, Iowa, Illinois, Maine, Maryland, Massachusetts, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington and the District of Columbia, as well as the chief legal officers of the cities of Boulder, Chicago, New York, Philadelphia, South Miami and Broward County, Florida—issued the following statement today:


“We strongly oppose President Trump’s executive order that seeks to dismantle the Clean Power Plan.

“Addressing our country’s largest source of carbon pollution—existing fossil fuel-burning power plants—is both required under the Clean Air Act and essential to mitigating climate change’s growing harm to our public health, environments and economies.

“We won’t hesitate to protect those we serve—including by aggressively opposing in court President Trump’s actions that ignore both the law and the critical importance of confronting the very real threat of climate change.”

The Clean Power Plan is the culmination of a decade-long effort by partnering states and cities to require mandatory cuts in the emissions of climate change pollution from fossil fuel-burning power plants under the Clean Air Act. The Clean Power Plan, along with the companion rule applicable to new, modified and reconstructed power plants, will control these emissions by setting limits on the amount of climate change pollution that power plants can emit. The rule for existing plants is expected to eliminate as much climate change pollution as is emitted by more than 160 million cars a year—or 70 percent of the nation’s passenger cars.

https://twitter.com/EcoWatch/status/846715789667418112

The U.S. Environmental Protection Agency adopted the Clean Power Plan through a multi-year stakeholder process that drew heavily on the experience of states and utilities in reducing power plant greenhouse gas emissions. A number of states have already taken a leading role in reducing greenhouse gas emissions by moving forward with their own programs. These states recognize that, on such a crucial issue that is already costing taxpayers billions of dollars in storm response and other costs, state action alone will not be enough and strong federal actions like the Clean Power Plan are needed.

In November 2015, a coalition of 25 states, cities and counties, which I led, intervened in defense of the Clean Power Plan against legal challenge in the DC Circuit Court of Appeals. The court heard oral argument en banc for a full day in late September; a decision is expected soon.

On Dec. 29, 2016, a broad coalition of states and localities called on President-Elect Trump to continue the federal government’s defense of the Clean Power Plan in a letter, urging him to reject “misguided advice” from a group of Attorneys General led by West Virginia to discard the Clean Power Plan.

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