Northeast pipeline still dogged by controversy, litigation

To read what natural gas provider The Williams Company has to say about its proposed Constitution Pipeline, one would think it’s a wonder that anybody would oppose the project.

The pipeline would stretch about 125 miles from Susquehanna County, Pennsylvania, to Schoharie County, New York, delivering up to 650,000 million cubic feet per day of natural gas to the U.S. Northeast, enough to serve the daily needs of about 3 million homes, says Williams.

Brian Ford

“But this project isn’t just about supply, it’s about transformation,” exclaims the company on its website. “In a region where the electric grid is under pressure and winters are harsh, Constitution offers a cleaner alternative to heating oil, cutting emissions and supporting a more sustainable future.”

The pipeline would tap into the Marcellus Shale, “one of the most abundant and affordable natural gas sources in the country,” says Williams. “While electricity prices in New England soar 55% higher than in Pennsylvania, Constitution aims to level the playing field, bringing cost-effective energy to homes and businesses that need it most.”

Williams maintains the pipeline would result in an estimated US$165 million in savings per year for consumers.

All that said, however, the project is still subject to a substantial amount of controversy and litigation.

Having been rejected by the state of New York in the past over water quality concerns, a breakthrough of sorts was proclaimed last year, when an alleged deal was reached between President Donald Trump and New York Governor Kathy Hochul to allow the project to proceed.

But in June, Trump accused Hochul of reneging on the agreement, while Hochul’s administration has denied there was ever a deal specifying approval of the Constitution project, according to Politico. Meanwhile, New York’s Department of Environmental Conservation and environmental advocacy groups had each filed lawsuits against the U.S. Federal Energy Regulatory Commission (FERC) over its handling of the project.

Williams initially proposed the project in 2012 but dropped its plans in 2020 after a lengthy legal fight with the administration of then New York Governor Andrew Cuomo, even though FERC had already granted certification.

Following his election to a second presidential term, Trump championed the revival of the project. His administration has maintained that Hochul agreed in 2025 to allow both the Constitution and Northeast Supply Enhancement (NESE) pipelines to move forward in exchange for allowing an offshore wind farm project to proceed. At that time, while not being specific, Hochul said in a statement that she would “work with the administration and private entities on new energy projects that meet the legal requirements under New York law.”

The Constitution Pipeline developers petitioned FERC in December to reissue its certification of the project.

But in January this year, New York’s Department of Environmental Conservation signaled its opposition to the Constitution project, saying in a notice to FERC that the pipeline company was attempting to override the state’s oversight authority under the federal Clean Water Act.

New York’s authority in the matter was a subject of dispute. Williams asked FERC to reaffirm its 2019 finding that New York had waived its authority by failing to meet a Clean Water Act requirement for states to act on water quality permits for federally approved projects within a year of federal approval, according to Natural Gas Intelligence.

And in May, the Department of Environmental Conservation and a group of environmental organizations each filed suit against FERC after the federal agency dismissed requests for a rehearing on the pipeline certification. According to Politico, the department challenged FERC’s decision to continue proceedings under the original docket for the project despite a court order that the commission dismiss the proceedings after Williams said in 2020 that it would not move forward with the project.

In June, Trump accused Hochul of backing out of a deal to allow the pipeline to proceed. Hochul’s administration maintained she never agreed to a specific pipeline project but had told Trump she was open to gas projects if they met state laws and regulations, according to Politico.

Williams was hoping for FERC to greenlight the project in third-quarter 2026, with the goal of the pipeline going into service by late 2027, according to news accounts.

Meanwhile, Williams’s other natural gas pipeline project in New York, NESE, appeared to be progressing a bit more smoothly. An extension of the existing Transco natural gas pipeline system, NESE would stretch through Pennsylvania, New Jersey and New York, increasing the system capacity by about 400,000 dekatherms per day, according to Williams. The company hosted a groundbreaking ceremony in April. Williams was aiming for the NESE project to be in service by the fourth quarter of 2027.