New England Public Radio

Mass. AG’s Office To Represent The State In Legal Battle Over Sandisfield Pipeline

Massachusetts Attorney General Maura Healey says her office will represent the state in the legal battle over a planned natural gas pipeline spur in the southern Berkshire County town of Sandisfield.

Kinder Morgan wants part of a pipeline running from New York to Connecticut to pass through Massachusetts-owned conservation land. State law says that requires legislative approval, which has been slow in coming. The company filed an injunction request last week to allow it to begin site work for the project. In court filings, Kinder Morgan contends already granted approval by federal regulators is all its needs to move forward. Meanwhile, Attorney General Healey says any plans to build on state-owned conservation land must comply with Massachusetts law. This dispute is separate from another proposed pipeline, which would run through northern Massachusetts and southern New Hampshire.

Kinder Morgan Seeks Court Order To Allow Berkshire Pipeline Construction To Begin

Kinder Morgan is seeking an injunction to allow it to begin construction of a natural gas pipeline that would pass through southern Berkshire County on its way to Connecticut.

This pipeline spur would run alongside an existing one, partly through state-owned conservation land in Sandisfield. State law says that would require Kinder Morgan to get two-thirds approval of the legislature.

In court documents, the company says federal approval, received last week, should override the state law. The Federal Energy Regulatory Commission, or FERC, agrees with the Kinder Morgan.

State Representative Smitty Pignatelli is clearly frustrated.

“Sandisfield and a lot of us have been ‘FERCed,'” Pignatelli says. “And that’s just how I feel. Total disregard from FERC, total disrespect from Kinder Morgan. And someone needs to hold their feet to the fire and hold them accountable.”

The case is scheduled to be heard in Berkshire Superior Court March 30th.

Pignatelli says the outcome of this suit could impact a separate project from Kinder Morgan, its pipeline proposal through northern Massachusetts and southern New Hampshire.