New York State DEC Approves NESE Pipeline via Water Quality Permit

ALBANY, NY – The New York State Department of Environmental Conservation (DEC) has issued a Section 401 Water Quality Certification under the federal Clean Water Act for the proposed Northeast Supply Enhancement (NESE) pipeline, the last state permit necessary before construction can begin in New York. In 2019 and 2020, the DEC denied water quality certification for the same exact pipeline for failing to demonstrate compliance with state water quality standards.

The following is a reaction from Mark Izeman, senior attorney, Environmental Health, at NRDC (Natural Resources Defense Council):

“Today’s decision by New York is a complete reversal of their two previous determinations to reject this pipeline project over threats to the state’s water resources. The pipeline proposal is exactly the same, and state and federal law is the same, so there is no legal or scientific basis for taking a 180-degree turn from the state’s past denials. If built, the pipeline would tear up 23 miles of the New York–New Jersey Harbor floor; destroy marine habitats; and dredge up mercury, copper, PCBs, and other toxins. The pipeline would also harm sensitive shellfish beds and fishing areas, and undercut billions of dollars New York has invested to improve water quality in the harbor.”

NRDC (Natural Resources Defense Council) is an international nonprofit environmental organization with more than 3 million members and online activists. Established in 1970, NRDC uses science, policy, law, and people power to confront the climate crisis, protect public health, and safeguard nature. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Bozeman, MT, Beijing and Delhi (an office of NRDC India Pvt. Ltd). Visit us at www.nrdc.org and follow us on Twitter @NRDC.