Attorney General, In Formal Brief, Fights Request That Dept. Of Commerce Override NY Denial Of Broadwater
Attorney General Richard Blumenthal, in a brief filed today, urged the U.S. Department of Commerce (DOC) to reject Broadwater Energy's request that it override New York's denial of a proposed liquefied natural gas (LNG) facility in Long Island Sound.
(Media-Newswire.com) - Attorney General Richard Blumenthal, in a brief filed today, urged the U.S. Department of Commerce ( DOC ) to reject Broadwater Energy's request that it override New York's denial of a proposed liquefied natural gas ( LNG ) facility in Long Island Sound.
The New York Department of State, with strong support from Blumenthal, rejected Broadwater's proposed massive floating LNG facility and pipeline in the middle of Long Island Sound. Broadwater, appealing New York's decision, has asked the Commerce Secretary to override the state's ruling.
In his brief, Blumenthal said the Commerce Secretary can only override such decisions when a project would substantially advance the national interest -- and only when that national interest outweighs the adverse environmental impacts associated with it.
Broadwater has failed to prove -- and is completely incapable of proving -- these points, Blumenthal said. He said the Commerce Secretary, under federal law, must reject Broadwater's request.
"New York's rejection of Broadwater -- in the ecologically sensitive and economically vital Long Island Sound -- is clearly justified," Blumenthal said. "The adverse environmental consequences of this ill-conceived, poorly sited, and inadequately studied project to a very precious resource, the Long Island Sound, are obvious and severe.
"Broadwater would degrade and endanger key environmental and economic resources of the state even though less damaging alternative methods and routes to increase energy supplies are available. Broadwater's proposal does not offer any unique opportunity to improve the overall scheme of natural gas delivery to this region.
Under federal law, the Department of Commerce may override the New York Department of State only if there are no reasonable alternatives to the project. This is patently not the case here because there are several LNG projects in various stages of development besides Broadwater, including some under the consideration of the State of New York, which would also supply natural gas to many of the same market areas.
"Because ecological harm is lasting, and sometimes permanent, strong preference must always be given to the least harmful alternative."
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