Constitution Pipeline's waiver request gets pushback in New York

February 2, 2026

The Center Square - https://www.thecentersquare.com/new_york/article_5859c11b-0cb3-4f4d-b1dc-742c8e27e4f9.html

SUMMARY

• Developers of the long-contested Constitution Pipeline, seeking a waiver of a key permit for the project, have received pushback from New York regulators pursuing environmental reviews.

• The New York State Department of Environmental Conservation formally objected on Jan. 28 to the request from Williams Companies, lead developer of the pipeline, which maintains that in 2018 the state waived its authority to issue or deny a water quality certification for it.

• This represents another legal turn in a decade-long tussle between the state and the Oklahoma-based company as it seeks to revive the project.

• In 2016, New York regulators determined that developers had not adequately explored alternative routes to avoid sensitive ecological areas. Developers planned to clear about 500 to 700 acres of forest in New York and Pennsylvania, including old-growth forests near hundreds of streams.

• The project remained stalled until 2025, when developers reapplied for a New York permit. After receiving three Notices of Insufficient Information, the company withdrew its application and sought a waiver on the state-level permit, pointing to a 2018 decision by federal regulators that New York waived its authority to issue a water quality certification. The regulators reversed that decision in 2019, but the legal battles over it continued.

• State regulators now say developers are attempting to bypass current environmental standards, and argue that the pipeline's proposed route, which crosses more than 250 streams, requires a fresh look at 2026 ecological data.