Tuesday, October 10, 2017




State has five days left to challenge FERC’s CPV ruling

CPV plant in the final stages of construction

WAWAYANDA – The state has five days left to file for a rehearing request with the Federal Energy Regulatory Commission in its challenge of a FERC order overruling the state Department of Environmental Conservation’s ruling concerning the water quality permits for the Valley Lateral Pipeline that would provide the fracked gas to power the CPV electric plant in Wawayanda.

“We’re very worried about DEC dragging its feet," said Protect Orange County group founder Pramilla Malick, which has been appealing to the DEC to expeditiously challenge the FERC order. "It’s like throwing us to the wolves.”

Malick said in the meantime, Protect Orange County is not leaving anything up to the DEC. The group will be filing its own rehearing requests along with impacted landowners with the DC Circuit Court in Washington.

The issue is fundamentally one of state’s rights, she said.

“It is a matter of protecting our water quality." Malick said. "Six thousand substantive comments were submitted to the DEC and the DEC has to have a legal obligation to protect our water quality. And if they don’t challenge this FERC order, it will be absolute equivalent of negligence on their part.”

Today, the group’s attorney, Michael Sussman, will present arguments before the Appellate Division of State Supreme Court, Second Department, urging the court to overrule a lower court decision allowing the CPV project to move forward without detailed environmental reviews.


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