PITTSFIELD — A Berkshire Superior Court judge favored the Tennessee Gas Pipeline Co. in a decision Monday that allows it access to a 2.3-mile path in Otis State Forest to build its Connecticut expansion project. The order is stayed until July 29 to allow the Legislature to waive an act on a constitutional provision to the protected land.
In his decision, Judge John A. Agostini ruled that the Federal Energy Regulatory Commission’s approval of the pipeline expansion supersedes Article 97 of the Massachusetts Constitution.
Agostini also noted that Tennessee Gas Pipeline still needs to obtain state and federal environmental permits to proceed with the project.
The case, in which the company has sought to proceed with tree clearing for the project to have the pipeline operational by this fall, has been seen as noteworthy for clarifying whether Article 97 is superseded by federal authority under the National Gas Act.
Agostini noted that the stay until July 29 also will give both sides to decide whether they will appeal the case.