Saturday, February 7, 2015

CP13-499 Constitution Pipeline Urgent Notice for Central NY and NE PA

If 430,000 trees are felled in the woods,
and no one comes to witness,
does it make a sound?

This notice (minus the graphic) was sent to the Service List in CP13-499 Constitution Pipeline

Concerned Citizens and Landowners:

Please read the important information below about an
Emergency Community Meeting & Legal Observer Training
being held at the United Methodist Church, 465 Main St.
(Delaware County) NY,  tomorrow, Sunday Feb 8th.

NOTE WELL: this meeting and training is being independently organized, and has no affiliation with
the groups Stop the Pipeline, the STP Steering Committee, or the Pace Law Clinic

1. Several permits outstanding

There are are several permits pending under the Clean Water Act which are
required to be issued by NYS DEC and the United States
Army Corps of Engineers before FERC has the legal right to issue
a Certificate of Public Convenience and Necessity or an Order to Begin Construction.


These permits require survey crews to walk the land, however they
cannot get access due to many landowners denying access.

US Army Corps and NYS DEC cannot gain access to the land
without condemnation proceedings.

Condemnation proceedings cannot begin with the FERC permit.

3. Constitution Pipeline is stuck and CANNOT LEGALLY PROCEED.

Also, wetlands cannot be surveyed properly until spring due to frozen ground.

4. Lawless Rogues do not need permits

Constitution Pipeline Company has filed condemnation proceedings
against approximately 90 landowners. There may be more.
This is based on a legally dubious "Conditional Permit" issued by
FERC which has no basis in FERC's statutory authority.

Since the Federal Energy Regulatory Commission does not
have authority under the Natural Gas Act to act until all permits
are in place, these condemnation proceedings have no basis
in law, and are completely illegal.

5. No evidence of public need
The federal jurisdiction for eminent domain is "Public Necessity".
However there no evidence on the record that this pipeline is necessary.

There is evidence that is no gas shortage in the Northeast,
there is no need for this pipeline, and  this gas will be exported overseas
via LNG export terminals in Canada.

This will make investors lots of money, but it is NOT justification
for the Federal Government to take private property.

6. Tree Clearing scheduled to being Feb 16th

Despite the fact that Constitution Pipeline Company will not be able to get
all permits necessary in time to begin construction this spring, we have reviewed
court filings  and other documents which indicates they plan on starting tree clearing
on Feb 16th.

The route includes approximately 860 acres of forested land / approximately
430,000 trees would be destroyed.

7. Incalculable and Permanent Harms

Each tree supports 10,000 other living things up the food chain.
The environmental impacts of the loss of this much forested land
and living biomass is incalculable. There could be 10,000 species
impacted. 4 billion living things could suffer death or forced displacement
due to this unnecessary and illegal act.

What can we do?

8. STP "Stop the Pipeline" is 100% focused on Administrative Remedies
The primary resistance group associated with this project is
called STP, or "Stop the Pipeline". This groups has a Steering Committee,
and is represented by legal volunteers from the Pace Law Clinic.

STP is 100% focused on the administrative remedies, and has done
and outstanding job.  Filing substantive comments on the docket,
and a lawsuit if necessary.

9. Administrative Remedies are almost NEVER effective
People should have a realistic expectation and not false hopes.

The fact is, mostly these projects are constructed while litigation is in progress.
The frackers and pipeline investors are laughing on the way to the bank.

While we are hopeful for an intervention by the NYS DEC,
the US Army Corps, and/or Governor Cuomo, we must and
are preparing a backup plan. 

The Citizens of New York will not allow this
to happen without a fierce fight.

We are asking Governor Andrew Cuomo to send in the
NYS State Police and the National Guard if necessary
along the pipeline route, which is approximately the I-88 corridor,
from Feb 16th to March 31 to protect the private property rights
of landowners,  protect our precious natural resources
against this illegal invasion and assault on our rights, in the name
of corporate profits, and to ENFORCE ALL LAWS.
We are demanding FERC, Williams Partners, and Cabot Oil and
Gas, WGL Holdings and Piedmont Gas
, d/b/a/ "Constitution Pipeline Company"
to CEASE AND DESIST these illegal acts, abuse of the federal courts,
and bullying of landowners.

Local residents along the pipeline have reached out
to Energy Justice Network to have a community meeting
to discuss emergency measures and options to
to PROTECT NY FORESTS from this illegal trespass and
destruction of irreplaceable NY forests.

From now until mid March, there will be a series of trainings
held along the pipeline route to train people how to be

This activity will be 100% legal,  done on public roads and on
private property with Landowner Permission. 

Interested landowners, concerned citizens, and protectors of the forest
are invited to attend the first training session, TOMORROW, Sunday Feb 8th, 2015

WHAT : Pipeline Construction Observer Training
WHO : Affected landowners and concerned residents, and trainers from Energy Justice
WHEN : Sunday February 8, 1:30pm
WHERE : United Methodist Church 465 Main Street, Franklin, NY

Here is the official press release.

Please help share this information with your concerned friends and neighbors
along the route. and stay in contact.

Feel free to contact Alex (contact info below).
or contact me: William Huston, (email is best)
or call me at 607-321-7846 and leave a message (may take 1-2 days to return)

Media Advisory for Sunday, February 8

Alex Lotorto
Shale Gas Program Coordinator

Landowners and Affected Residents to Hold Constitution Pipeline
Observer Training

Franklin, NY, Delaware County - On Sunday, 1:30PM at the Franklin United Methodist
Church, opponents of the Constitution Pipeline are holding an emergency meeting to learn
how to safely observe construction along the 124mile route.

The training will cover how to gain landowner permission to access private land, safety
considerations for observers near construction, and violations commonly spotted at pipeline
construction sites in Pennsylvania.

The training will be useful for anyone who is considering to be in proximity to the construction
right of way during operations for photography, monitoring, or protest. Similar monitoring
projects in Pennsylvania have been successful in mitigating wetland disturbance,
sedimentation, and other violations along pipeline routes.

Constitution Pipeline Co. is asking a federal judge to order eminent domain condemnation of
properties as early as February 16, when the company is seeking to begin tree cutting.

Although many regulatory hurdles still remain, including the NY Department of Environmental
Conservation and Army Corps of Engineers Clean Water Act permits, tree cutting may begin
earlier than expected to comply with the spring tree cutting deadline of March 31.

The training will be led by Energy Justice Network, a Pennsylvania-based
environmental justice organization that focuses on supporting communities impacted by polluting

WHAT : Pipeline Construction Observer Training
WHO : Affected landowners and concerned residents, and trainers from Energy Justice
WHEN : Sunday February 8, 1:30pm
WHERE : United Methodist Church 465 Main Street, Franklin, NY


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