Important New Development/Call Governor Cuomo TODAY to Kill the Proposed Constitution Pipeline/Stop Climate Change Hypocrisy

Use this revised Quick Action Guide. Please call Governor Cuomo immediately at 518 474 8390 to request that DEC DENY the Water Quality Certification required for construction of the proposed Constitution Pipeline. Underscore DEC's documented inability to fulfill the requirements of Section 401 of the U. S. Clean Water Act.

Greetings,

As you will recall, Constitution Pipeline Company, LLC requested authorization from the Federal Energy Regulatory Commission (FERC) on 1/8/16 to begin "tree-felling activities" for its proposed 124-mile project.

This "jump the gun" request was submitted even though New York has not granted a Section 401 Water Quality Certification required for the proposed pipeline to begin construction in our state.

Last Friday (1/29/16), FERC did not authorize "tree-felling activities" for the proposed project's route in New York.

However, FERC granted authorization for "tree-felling" along the approximately 25-mile portion of the Constitution Pipeline's route in Pennsylvania.

See: FERC letter regarding partial notice to proceed with tree felling and variance requests

Authority for deciding the fate of the Constitution Pipeline in New York now rests squarely on the shoulders of Governor Cuomo.

Fractivists must immediately redouble our efforts to require Governor Cuomo to DENY the Section 401 Water Quality Certification application for the proposed Constitution Pipeline.

If DEC denies the Section 401 Water Quality Certification, the proposed Constitution Pipeline in New York would be KILLED DEAD.

If DEC grants the WQC, the pipeline project would have all the government authorizations required to proceed to construction.

If the Governor allows DEC to make no decision on the Section 401 Water Quality Certification by 4/29/16, FERC would likely grant the requisite WQC certification and the project could proceed.

Tree-felling can only be conducted between 11/1 and 3/31. If tree felling can be prevented in New York for the next 60 days, Constitution Pipeline Company, LLC could not begin tree-felling in our state until next November.

KEEP CALLING GOVERNOR CUOMO at 518 474 8390 to Kill the Constitution Pipeline. DO NOT STOP UNTIL YOU DROP.

Use this revised Quick Action Guide. Refer to this alert: Governor Cuomo flooded with Kill the Constitution Pipeline Calls/Pour it on/Phone banking tips

Underscore to the Governor that DEC can only issue Section 401 Water Quality Certifications when the agency determines that the proposed project will not violate water quality standards.

Inform the Governor that Toxics Targeting recently documented a total of 114 pipeline explosions, fires, ruptures and contamination discharges using DEC's own data, including huge pollution releases that were never cleaned up to state environmental water quality clean up standards.

Note that DEC has a long history of being incapable of precluding pipeline water quality hazards and must DENY the Section 401 Water Quality Certification application for the proposed Constitution Pipeline because DEC cannot fulfill the applicable requirements of the U.S. Clean Water Act.

Conclusion

Governor Cuomo's fateful decision on the proposed Constitution Pipeline, for good or for ill, would have enormous public policy implications for future fossil fuel consumption in New York State as a whole.

The Governor's Built to Lead proposed 2016 agenda states:

"Since taking office, the Governor has created and pursued the most aggressive environmental and sustainability agenda of any state in the country to mitigate climate change."

Unfortunately, that did not prevent his administration from approving massive new fossil fuel pipeline and power generation capacity in New York. This is a classic case of saying one thing while doing another. Climate change hypocrisy must be stopped.

Governor Cuomo's purported "most aggressive environmental and sustainability agenda of any state in the country" must be antithetical to permitting any new giant pipeline and infrastructure projects that would perpetuate New York's addiction to fossil fuels for decades to come.

If the Governor allows DEC to grant the Section 401 Water Quality Certification for the proposed Constitution Pipeline, it would provide a deplorable precedent for authorizing other fossil fuel pipeline and infrastructure projects.

A climate change policy line has been drawn in the proverbial sand. Governor Cuomo must be required to kill the proposed Constitution Pipeline or face withering criticism. You know what we have to do. Call, Call, Call. Get on it.

Thanks so much for all your help.

Very best,

Walter

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