Connecticut Expansion Project

Proceedings for the Kinder Morgan Tennessee Gas Pipeline Connecticut Expansion Project (CP14-529) impacting Southern Berkshire County (Town of Sandisfield) and Hampden County (Town of Agawam) in Massachusetts, Albany County New York, and Hartford County Connecticut to service Connecticut gas distributors.

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»Federal Energy Regulatory Commission (FERC) proceedings


»MassDEP 401 appeal proceedings
“10 citizens”, including members of PLAN-NE, and landowners in Sandisfield, who filed together with the Berkshire Environmental Action Team appealed the MassDEP 401 Water Quality Certification for the Connecticut Expansion Project. Our appeal requests an adjudicatory hearing to challenge the DEP’s determination “that there is reasonable assurance this ‘natural gas pipeline expansion project’ will be undertaken in a manner which will not violate applicable Massachusetts Surface Water Quality Standards (Regulations at 314 CMR 4.00) and other applicable requirements of state law.”

»US District Court 401 proceedings
Kinder Morgan Tennessee Gas Pipeline’s response to the “citizens” appeal of the MassDEP 401 Water Quality Certification was to sue all of the petitoners, and MassDEP, in federal court.

  • 09/29/2016 – Federal District Court hearing scheduled on TGP’s injunction – CANCELLED
  • 09/27/2016 – Federal District Court ruled staying the proceeding until 30 days after USCA rules
  • 09/23/2016 – TGP memo in opposition to Motion to Stay
  • 09/23/2016 – TGP reply to Citizens’ and DEP’s opposition to TGP Motion for Preliminary Injunction
  • 09/12/2016 – Citizens Motion to Dismiss, Memo in Support, and Corp. Disc. filings in response
  • 09/12/2016 – DEP Motion to Stay, Memo in Opposition, and Answer to Complaint filings in response
  • 08/16/2016 – TGP filed suit with Federal District Court against Citizens group individuals & DEP, saying can’t appeal to DEP and DEP can’t stay construction due to NGA Section 19(d)

»US First Circuit Court of Appeals 401 proceedings
The citizens who filed the appeal of the MassDEP 401 Water Quality Certification lodged an appeal at the First Circuit Court of Appeals to preserve all rights to appeal in federal court should that become necessary.

  • 03/15/2017 – Ruling (for the Petitioners)01/25/2017 – TGP Response to 28 J Letter
  • 01/25/2017 – DEP Response to Motion to Supplement
  • 01/20/2017 – DEP 28 J Filing
  • 01/17/2017 – TGP Motion for Leave to Supplement the Record on Appeal
  • 12/02/2016 – USCA Court Date Notice
  • 11/28/2016 – Citizens filed Reply Brief
  • 11/14/2016  -TGP filed Response
  • 11/14/2016 – DEP filed Response
  • 10/14/2016  – Citizens filed Petitioners’ Brief
  • 10/04/2016 – First circuit Court of Appeals denied Motion for Extension
  • 10/03/2016 – TGP filed Response to Motion to Extend Briefing Period
  • 09/30/2016 – Citizens filed Motion for Briefing Extension
  • 09/27/2016 – Citizens filed District Court’s orders staying the proceeding requested that a hearing be scheduled on their 9/2 motion to stay
  • 09/20/2016 – Citizens filed Reply memo in further support of expedited motion for stay
  • 09/14/2016 – DEP motion to extend time for filing of administrative record
  • 09/14/2016 – TGP Opposition to DEP’s 9/14 request for 12-day delay
  • 09/13/2016 – TGP filed Opposition to Petitioners’ Motion to Stay, or in the alternative, Motion To Dismiss
  • 09/02/2016 – Citizens filed a motion to stay or dismiss, on the grounds that DEP’s certificate’s not Final, so we can appeal at agency (just the memo in support)
  • 09/01/2016 – USCA Expedited Appeal Order
  • 08/26/2016 – Citizens filed an appeal with First Circuit Court of Appeals to reserve rights to appeal DEP final decision


»Berkshire Superior Court Article 97 Eminent Domain proceedings
Kinder Morgan has filed an eminent domain condemnation complaint (Docket 1676CV00038) in Berkshire Superior Court seeking condemnation of easements and immediate possession and entry (to begin construction).