Controversial NESE Pipeline Moves Through as Upstate Constitution Pipeline Waits in the Wings

The once dead Northeast Supply Enhancement (NESE), a pipeline that would bring fracked gas from central Pennsylvania through New Jersey and into New York City, is now one more step towards revival.

Last Friday, New York State Department of Environmental Conservation (NYSDEC) issued a Water Quality Certification Permit for the construction of the project, effectively reversing its legal position under the Federal Clean Water Act in 2019 and 2020. Later in the day, New Jersey issued its water quality permits for its length of the pipeline as well.

The NYSDEC Water Quality Certification is the final permit required in order to move ahead with construction of the pipeline. While there is no set construction state date, the current permit will expire on November 6, 2035.

Governor Kathy Hochul supported NYSDEC’s decision, after President Trump publicly berated her last week for not moving quickly enough with NESE and its companion project, the Constitution Pipeline in Upstate New York. He also threatened to kill congestion pricing, claiming the plan is causing the state to become less affordable. However, legal experts have found that construction of NESE will raise utility and residential rates for New Yorkers and that National Grid’s estimates for its need are outdated and misleading.

The decision was met with sweeping opposition by New York Democrats in the United States Senate. New York City Mayoral Elect Zohran Mamdani also expressed his opposition on the same day, citing continued objection to new fossil fuel projects.

Environmental advocates and legal experts are preparing to stop NESE again, but they are also looking ahead to the inevitable revival of the Constitution Pipeline.

Constitution did not receive the WQC permit last week, as it did not pass Governor Hochul’s standards. While Williams Companies rescinded its application for Constitution with NYSDEC, it has noted it would continue to push the state to approve the project.

In anticipation of what could be on the horizon, Mark Izeman, Senior Attorney for Environmental Health at the National Resources Defense Council and Board Member of Catskill Mountainkeeper, said that bipartisan opposition across the state helped to stop both projects multiple times over the last decade.

“ The voice from the Catskills and many of the citizens here, their opposition last time to Constitution in particular really made a difference. And that’s why it was rejected,” said Izeman. “ Both pipelines jeopardize water quality, but [Constitution and NESE] are also not necessary. It’ll increase utility rates by rate payers, and it will contribute more to  global warming as the company itself admits.”

Radio Catskill reached out to Karen Gaidasz of New York State Department of Environmental Conservation and Joseph Dean, Manager of Permitting at Williams Companies in Houston, TX. Neither have commented at the time of this publication.

Image: NYS Pipeline Safety Program (Credit: NY.gov)