Governor Cuomo today released a statement that many suspect is tied to the likelihood of a Hillary Clinton 2016 presidential run, which indicates he i
Governor Cuomo today released a statement that many suspect is tied to the likelihood of a Hillary Clinton 2016 presidential run, which indicates he is setting his sights on a second term as governor. Recent polls suggest that, despite a steep drop among Latino voters, the governor would beat his Republican rival 68% to 25%. Many believe the governor will make a bid for the 2020 presidential race, assuming that Hilary does not run for a second term.
Given that, Cuomo today stated,* "Hydraulic fracturing will not go forward in New York State as long as I am chief executive, which I intend to be, through at least 2018." Cuomo added, "The recent threat of a lawsuit from a landowner's coalition has been effectively squashed by Attorney General, Eric Schneiderman, and had no basis in law to begin with."
The governor reiterated, "I passed gay marriage, I passed a gun law, and I intend to do the right thing for New York and ban fracking. Seriously, I mean, I've got almost 70% of the vote, JLCNY thinks they can take me down? What a bunch of putzes. The truth is, I never intended to frack New York, there's no good shale here anyway, we've known that since before we wrote the SGEIS. The pipelines, though, the pipelines and the compressor stations? Of course I'm going to let those go through––they're federal, and nobody pays any attention to them anyway."
In light of these revelations, let's get to work:
We have 7 days to file comments on the Constitution pipeline. Thus far, the comments filed by intervenors, especially the affected landowners, have been among the most powerful we've ever seen filed with FERC. They are factual, direct and heart wrenching. People's land is under threat of eminent domain, and they are not taking it sitting down. These are our neighbors, and they need our support.
But won't FERC approve it anyway?
Is there some chance that powerful, well-crafted, on-point comments could cause FERC to deny approval of this pipeline? We're no fools. Intelligent, factual comments have not stopped FERC from signing off on other pipelines. They have a set of canned responses that will drive you up the wall when you read them in the final EIS, breezily batting away your concerns.
Then what's the point of commenting?
To educate the public, the politicians and ourselves. Take, for instance, this summary of environmental concerns the pipeline poses, such as the number of steep slopes it traverses (and plans to deforest) or the number of 100-year-floods in recent years, among other risks.
To create a political dilemma for electeds. It's simple: Politicians pay attention to numbers. When large numbers of voters stand in opposition to every pipeline in NYS, to every pipeline in other states, when there is a united resistance of voters all saying we don't want any more fossil fuel infrastructure, we want renewables, it may finally catch their attention.
To build a legal argument. FERC has a legal obligation to thoughtfully respond to each and every new fact presented as a comment or filed in any docket. When they breezily bat away powerful, factual, on-point comments, that's considered arbitrary and capricious, and that's grounds for a lawsuit, one we suspect will be filed if FERC okays this pipeline.
But don't pipelines get built despite lawsuits?
There are strict grounds to gain an injunction to stop construction of an approved FERC project. But the opposition has several things going for it here: A large percentage of landowners refused to allow the pipeline builders to survey their property. Therefore FERC is being asked to make a decision based on incomplete information. Even FERC isn't cool with that.
It helps that this pipeline crosses private property that is held by a diverse number of owners. The Spectra and Rockaway pipelines were planned to cross parkland and industrial sites, with few or no individual homeowners to resist surveying or construction equipment. A lot can happen between now and installation, and we wouldn't count out the legal team that's already been assembled for this project. FERC is in for a fierce fight.
However, no one should rely solely on lawyers in a case like this. Throw ALL the spaghetti at the wall. Right now, that includes throwing a lot of comments at FERC.
And there's a different context now.
The Harlem gas explosion provides tragic proof of the dangers of gas pipelines. Yesterday, investigators discovered the 8" main had been riddled with holes. It's probably obvious what FERC's argument that the Constitution pipe presents no environmental impacts is riddled with. These new pipeline are 30"-42" in diameter and many times the pressure of the one on Park Avenue.
Tonight, at 8pm, Sane Energy Project will be discussing the Harlem explosion and how it connects to city energy policy, on Ken Gale's Eco-logic at WBAI. Listen live at 99.5FM or online.
Last week on WBAI, Sane Energy Project and Linda Rosenthal joined Doug and Patti Wood to discuss how new pipelines could raise levels of radon in New York's kitchen gas.
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