New York Blocks Constitution Pipeline Again

State challenges FERC authority under Clean Water Act, sparking federal-state conflict over energy supply for New England

Published on Feb. 10, 2026

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The New York State Department of Conservation (DEC) has once again denied a Section 401 water quality certification for the Constitution Pipeline project, a 125-mile natural gas pipeline that would connect the Marcellus Shale region in Pennsylvania to New England. This marks the second time New York has blocked the pipeline, arguing it would bypass environmental reviews and undercut the state's regulatory authority. The move leaves New England vulnerable to energy supply issues, as there are limited alternatives to transport natural gas into the region without going through New York. The dispute has escalated into a broader conflict between state and federal control over interstate energy infrastructure.

Why it matters

New York's repeated blocking of the Constitution Pipeline highlights an ongoing battle between states' rights under the Clean Water Act and the federal government's authority over interstate energy projects. The decision impacts energy supply and costs for the entire New England region, which relies on natural gas for heating and electricity generation. It also raises questions about the limits of state power to override federal energy regulators like FERC.

The details

In 2016, then-Governor Andrew Cuomo directed the DEC to deny all Section 401 water quality certifications for fossil fuel pipelines in New York, effectively blocking the Constitution Pipeline. After the Trump administration tried to link approval of the pipeline to an offshore wind project, the DEC relented on another pipeline in 2025. But in January 2026, the DEC filed again to block Constitution, arguing the project would "bypass critical environmental reviews." The dispute now heads back to FERC, which must weigh the pipeline's public benefits against its impacts.

  • In 2016, then-Governor Andrew Cuomo directed the DEC to deny all Section 401 water quality certifications for fossil fuel pipelines.
  • In November 2025, the DEC issued a Section 401 certification for the Northeast Supply Enhancement (NESE) pipeline.
  • On December 19, 2025, Williams Corporation resubmitted its proposal for the Constitution Pipeline to FERC.
  • On January 28, 2026, the DEC filed with FERC to block the Constitution Pipeline project a second time.
  • On January 30, 2026, Massachusetts Governor Maura Healey approved contracts to ensure gas supplies from an expansion of the existing Enbridge Algonquin pipeline.

The players

New York State Department of Conservation (DEC)

The state agency that has repeatedly denied water quality certifications for the Constitution Pipeline project, arguing it would bypass environmental reviews and undercut New York's regulatory authority.

Federal Energy Regulatory Commission (FERC)

The federal agency responsible for regulating interstate energy infrastructure, including pipelines. FERC must now determine whether the public benefits of the Constitution Pipeline outweigh its adverse impacts.

Governor Kathy Hochul

The current governor of New York who has taken an adversarial stance against the Constitution Pipeline, vowing to fight any attempt to "circumvent our state's authority or undermine our clean water laws."

Williams Corporation

The owner of the Constitution Pipeline project, which has resubmitted its proposal to FERC after the DEC's previous denials.

Governor Maura Healey

The governor of Massachusetts who has approved contracts to ensure gas supplies from an expansion of the existing Enbridge Algonquin pipeline, an alternative to the blocked Constitution Pipeline.

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What they’re saying

“The Williams Companies is attempting to construct a pipeline through the heart of our state without undergoing state environmental review.”

— Governor Kathy Hochul (Source)

“While I have been open to natural gas as part of an all-of-the-above energy strategy, I have been clear that any projects must be reviewed impartially by state agencies and comply with all applicable laws. The fact is, DEC determined three times that Williams' application for the proposed Constitution pipeline was incomplete and inadequate. Just last November, Williams withdrew its application to the state for this project but is now claiming it did not need to apply at all. I will fight any attempt to circumvent our state's authority or undermine our clean water laws.”

— Governor Kathy Hochul (Source)

What’s next

The dispute over the Constitution Pipeline is likely to wind up before the United States Supreme Court to make a final determination on the balance of state and federal authority over interstate energy infrastructure.

The takeaway

This ongoing conflict between New York and the federal government over the Constitution Pipeline highlights the complex and unresolved issues surrounding state versus federal control of energy projects that cross state borders. The outcome will have significant implications for energy supply, costs, and environmental regulations across the Northeast region.