State of New York denies Northern Access Pipeline permits

Published 9:24 am Monday, April 10, 2017

ALBANY, N.Y. –– National Fuel’s plan to construct the Northern Access Pipeline has been rejected by the New York State Department of Environmental Conservation.

On Saturday afternoon, the department announced that they cannot approve the water quality certificates needed for the 97-mile pipeline to carry natural gas from Pennsylvania through Western New York.

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The decision follows three public hearings in which the DEC fielded 5,700 comments, including those for and against the project. Many of the supporters were union members and laborers, as well as National Fuel employees, all who argued that the project would create jobs.

The agency said the decision was based on the project’s “failure to avoid adverse impacts to wetlands, streams, and fish and other wildlife habitat.”

“We are confident that this decision supports our state’s strict water quality standards that all New Yorkers depend on,” the DEC said in a statement released Saturday afternoon.

The Northern Access Pipeline project previously received approval from the Federal Energy Regulatory Commission. The granting of permits by the state would have cleared the way for National Fuel to build the pipeline between northwestern Pennsylvania and Niagara County, New York, as well as a gas compressor station in Pendleton and a dehydration facility in Wheatfield, New York. Plans called for another compressor station in Elma to be expanded as well.

Prior to Saturday’s decision, critics of the Northern Access Pipeline called on the DEC to deny water and air quality permits in hopes of halting the project. In addition to fears regarding emissions, safety and potential leaks, protesters emphasize the 192 stream and 270 wetlands that the pipeline would cross.

Late last month, area protesters took their fight to the state capital, assembling in front of DEC headquarters to call for an end to the controversial $455 million project. Protesters also took their message to the state Capitol building, where they attempted to inform onlookers about the potential dangers the pipeline could pose to those living near it.

They also delivered copies of a letter that was signed by more than 140 organizations, businesses and faith communities that want to see the state’s Department of Environmental Conservation and Gov. Andrew Cuomo deny the permits the project needs to break ground.

The permit denial effectively kills the project. However, similar decisions made by the agency have been challenged in court in the past, including the Constitution Pipeline, which was denied permits by the DEC last year. After the decision, the project partners filed a lawsuit against the department. However, a federal court recently dismissed the case.

This story was originally published in the Niagara, New York Gazette.