Editor’s note: We covered the hasty approval of the pipeline by the DEP and Governor over loud public objections and local politicians saying it would be bad for the now-cleaner Hudson River.  The borough president also discussed his own experiences of the river in his childhood, where going into the water meant coming out covered in slimy brown semi liquid material. Not only is this no longer the case, but there are in fact whales and dolphins who visit due to its cleanness. 

The New York State Department of Environmental Conservation (DEC) today provided a statement in response to the U.S. Environmental Protection Agency’s proposed rollback of State authorities under Section 401 of the Clean Water Act.

DEC General Counsel Anthony Luisi shared the agency’s opposition to the proposal, “Updating the Water Quality Certification Regulations”, which would undermine State protections afforded by the longstanding federal law and prioritize polluters over the health and welfare of New Yorkers and clean water resources.

DEC’s statement is available here and below:

New York State Department of Environmental Conservation Statement Regarding Proposed Changes to Section 401 of the Clean Water Act

On behalf of the New York State Department of Environmental Conservation and Commissioner Amanda Lefton, I offer this statement in response to EPA’s proposed roll back of State authorities under Section 401 of the Clean Water Act. My name is Anthony Luisi, DEC General Counsel.

EPA’s plan to undermine State protections afforded by the law prioritizes polluters over the health and welfare of New Yorkers and our clean water resources.

Let me be clear at the start: if a proposed project complies with applicable State water quality standards, DEC, on behalf of New York, will issue the water quality certificate. If a project does not comply with standards, DEC denies the certificate. This is the authority that Congress provided to the States—authority that EPA is now trying to circumvent through new agency legal interpretations of the statutory text, which are not entitled to judicial deference.

States have the technical expertise and knowledge of local waters and are best suited to consider the impacts from a proposed project’s construction and operation, including point source discharge, thermal discharge, placement of fill, resuspension of sediment, and non-point source erosion and runoff. This “activity as a whole” approach to water quality assessment, which the proposed rule seeks to subvert, is based on and supported by statutory text and long-standing U.S. Supreme Court precedent.

States are best equipped to identify local circumstances that necessitate project-specific certificate conditions and the water quality-related data required to support them. Certifying authorities must not be restrained from requiring appropriate water-quality information from project sponsors to enable fully informed decisions.

This proposed rule relegates the sovereign right of States to protect and maintain their water quality to secondary status and conflicts with the Administration’s purported support for cooperative federalism. It claims that only EPA is empowered to regulate which State requirements are “appropriate” for forming the basis of a decision, not the States themselves. In multiple ways, the proposal seeks to substitute the opinion of a federal agency over the technical judgment of the State and undermines the State’s review of impacts to the chemical, physical, and biological integrity of affected waters. If finalized, this proposal will lead to degradation of water quality, contrary to the requirements of the statute.

The proposal would also give applicants a newfound ability to unilaterally veto modifications to a certificate, including those to account for new information, or the failure of mitigation measures, or the need for corrections.

The rules must be clear that the unilateral withdrawal of an application cannot be used to support a finding of waiver by the certifying authority. To provide greater predictability, certifying authorities and federal agencies should continue to be encouraged to categorically determine reasonable periods of time for decisions. The basis for certificate conditions, decisions to deny, and objections to projects in neighboring States should be clearly set forth in the record.

To help streamline the permitting process and minimize the need for requests for additional information, applicants should also be required to identify in their initial request the environmental controls that will be implemented to meet standards.

DEC has serious concerns with this proposal, through which EPA is seeking to deprive New York and other States of their authority, based on long-standing legal precedent, to appropriately consider the water quality impacts from the full scope of a project’s activities, not only from its direct point source discharge – to which DEC stands in opposition. DEC will submit additional comments in writing. Thank you.

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DEC Statement on Opposition Filings for Proposed Constitution Pipeline Project

On January 28, 2026, the New York State Department of Environmental Conservation (DEC) filed a notice with the Federal Energy Regulatory Committee (FERC) to oppose Constitution Pipeline Company, LLC’s petition to FERC to reissue a Certificate of Public Convenience and Necessity and override DEC’s oversight authority under the Clean Water Act for the proposed pipeline project. Despite its proposed 99 miles of pipeline that would be crossing New York, the company is attempting to bypass critical environmental reviews and undercut New York State’s regulatory authority. DEC did not waive its Clean Water Act Section 401 authority and will explore all available options to vigorously defend our state rights. New York will continue to take the reins to ensure the full protection of public health and our state’s natural resources.

DEC’s filings are available here.

Food & Water Action Endorses Antonio Delgado for Governor Following Hochul’s Pipeline Approval

Environmental advocates say Delgado will fight for affordable energy, clean water, and real climate leadership

New York, NY — Days after Governor Kathy Hochul approved the controversial Williams Northeast Supply Enhancement (NESE) gas pipeline, Food & Water Action announced its endorsement of Lieutenant Governor Antonio Delgado for Governor of New York. Joined by other advocacy organizations including Third Act New York and Citizen Action, the groups said Delgado represents the kind of bold, accountable leadership New York needs to tackle the state’s climate and affordability crises.

Hochul’s decision to greenlight a Trump-backed pipeline through New York Harbor has drawn fierce condemnation from environmental and community leaders who say the project will pollute local waters, raise energy bills, and undermine the state’s climate law. Food & Water Action leaders said the approval is part of a larger pattern of Governor Hochul siding with fossil fuel interests over everyday New Yorkers.

“Governor Hochul’s pipeline decision was a breaking point for New Yorkers who want leaders fighting for working families, affordable energy, and a livable future,” said Laura Shindell, New York State Director for Food & Water Action. “Antonio Delgado has shown the courage and integrity we need in a governor — someone willing to stand up to corporate polluters and put New Yorkers’ interests first. We’re proud to stand with him in the fight for a cleaner, fairer, and more affordable New York.”

“I’m honored to earn Food & Water Action’s endorsement. They understand what so many New Yorkers are feeling: that affordability and climate action are not competing goals, they’re the same fight,” said Lieutenant Governor Antonio Delgado. “I’m proud to have their partnership as we take on the powerful interests holding our state back and build a future that finally puts people before profit. Because the fight for a livable planet and a livable New York are one and the same, and together, we will win the fight for a better future.”

Food & Water Action said Delgado’s track record as a champion for environmental justice and economic fairness stands in stark contrast to Hochul’s pattern of delay and deference to fossil fuel interests. The group called the endorsement a signal that New York’s climate movement is mobilizing to demand accountability and a new direction in Albany.

Banner Image: Water quality testing.  Image Credit – Ayudia Fatma