STATEN ISLAND, N.Y. — The New York State Department of Environmental Conservation has formally come out in opposition to a sister pipeline of the pipeline slated to churn Staten Island’s waters.
The 125-mile-long Constitution Pipeline crosses into New York’s Schoharie County from Pennsylvania, with 99 miles of pipeline to be constructed in the Empire State.
The DEC accused Constitution Pipeline Company, LLC, of “attempting to bypass critical environmental reviews and undercut New York State’s regulatory authority.”
In a written statement released January 28, the DEC said it “filed a notice with the Federal Energy Regulatory Committee (FERC) to oppose Constitution Pipeline Company, LLC’s petition to FERC to reissue a Certificate of Public Convenience and Necessity and override DEC’s oversight authority under the Clean Water Act for the proposed pipeline project.”
The department emphasized that they “did not waive its Clean Water Act Section 401 authority and will explore all available options to vigorously defend our state rights.”
The Clean Water Act Section 401 Water Quality Certification is a necessary step for a pipeline to move forward within New York.
The Clean Water Act is the basis for federal water regulations, including “the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters,” according to the EPA.
The Constitution Pipeline is the sister pipeline to the Northeast Supply Enhancement Pipeline, which was granted its Clean Water Act Section 401 Water Quality Certification in November 2025 after failing to obtain it three times in the past.