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A federal judge dealt the latest blow to the planned Constitution Pipeline when he rejected the builders argument that it would be injured by having to obtain certain state permits to construct the natural gas pipeline from Northeast Pennsylvania to New YorkState. Judge Norman Mordue of the Northern District of New York said the Constitution Pipeline Company failed to show injury from the permit requirements on water crossings, excavations and related activities, even though the state has yet to decide whether to issue them. Constitution has not plausibly pleaded injury in fact it has not pleaded either actual injury or a threatened injury, the judge wrote in a 15-page opinion issued Thursday. Constitution merely alleges possible future injury. He said the New York State Department of Environmental Conservation has not refused to issue the permits. Rather, he said, the state has simply not acted on them, and so the company could not argue that it had been injured by the lack of permits. A finding of injury to Constitution arising from NYSDECs inaction would be based on a speculative chain of possibilities that may never occur, the judge wrote. The company had asked the court to support its contention that it didnt have to obtain the permits, arguing that as a public utility project, it pre-empted local regulations. The judge granted a motion to dismiss brought by New York State, which in April 2016 denied a water-quality permit to the 125-mile project, halting preparations for construction. The company, a joint venture between the Williams Companies and Cabot Oil & Gas, is separately fighting the states action in an appeals court. The ruling is another setback for the project which drew criticism from pipeline opponents when it began clearing trees on some parcels of private land in Pennsylvania after winning eminent domain battles in the courts. Affected landowners included the Holleran family of New Milford Township, Susquehanna County, which in March 2016 lost several acres of maple trees to a felling crew guarded by heavily armed federal marshals.
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