Connecticut Is First State

To Challenge Energy Act

By Susan Haigh

Associated Press

HARTFORD — Connecticut’s attorney general is challenging the constitutionality of a new federal energy law that allows the developers of power projects to appeal directly to the federal government when state officials deny or delay needed permits.

State Attorney General Richard Blumenthal said the provision in the Energy Policy Act undermines the state’s environmental authority, and violates the 11th Amendment of the US Constitution, which prevents Congress from authorizing lawsuits by private parties against a state.

He filed a motion Monday to dismiss a federal petition by the financial backers of the proposed Islander East Pipeline, a natural gas pipeline that would run under Long Island Sound from Branford to the eastern end of Long Island.

The pipeline company, a partnership between KeySpan Corp and Duke Energy, is using the new law to seek approval for the project in a federal appeals court. The pipeline plans have been tied up in Connecticut courts and state regulatory agencies for the past several years.

“I will fight Islander East’s arrogant attempt to sidestep long-established state laws, violating constitutional guarantees,” Blumenthal said Monday.

A spokesman at the US Department of Energy said they were unaware of Connecticut’s filing.

John Sheridan, a spokesman for Islander East, said the pipeline partnership is reviewing what he called Blumenthal’s latest attempt to stall the project.

“Congress clearly intended to provide a federal remedy for critical energy projects that are being blocked by an individual state,” Sheridan said.

Last month, a lawyer who represents the partnership acknowledged that the provision allowing companies to bypass state courts was motivated by the Islander East project.

“Islander East became the poster child for the improper use of these environmental standards,” Fred Lowther said.

The state Department of Environmental Protection denied Islander East’s water quality permit early in 2004, and the company took the matter to state Superior Court about 15 months ago. The court has yet to rule.

State officials claim the proposed route for the pipeline would damage water quality and shellfish beds, permanently damaging shellfish harvesting.

“Islander East insists on a pipeline route that travels through some of the most precious and fragile natural resource areas of Long Island Sound,” said DEP Commissioner Gina McCarthy.

She said DEP has urged Islander East officials to consider alternative routes.