On November 18, 2021, the U.S. Court of Appeals for the Second Circuit vacated FERC’s certificate of public convenience and necessity (CP13-499), Waiver Order (CP18-5), and an order on rehearing in each docket.
Second Circuit case numbers: 16-345, 16-361, 19-4338, 20-158, 20-208 were consolidated as part of FERC’s motion to dismiss
“Upon due consideration, it is hereby ORDERED that Respondent’s motions to dismiss are GRANTED and Stop the Pipeline’s motions to dismiss for lack of jurisdiction are DENIED as moot. It is further ORDERED that Stop the Pipeline’s motions for vacatur are GRANTED, the underlying agency orders are VACATED, and the cases are REMANDED with instructions to dismiss the agency proceedings.”
Therefore, everything that took place in docket numbers CP13-499 and CP18-5 are now null and void. The New York State Department of Environmental Conservation (DEC) should not be reviewing Constitution’s application for a 401 water quality certification (WQC) because there are no legally valid applications, environmental reviews, or docket numbers at FERC.
