PITTSFIELD — Berkshire Superior Court favored Tennessee Gas Pipeline Co. in a decision Monday that will allow the company access to a 2.3-mile path in Otis State Forest to build its Connecticut Expansion project.
However, 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 TGP 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project to have the pipeline operational by this fall, has been seen as noteworthy for clarifying whether Article 97 is superseded by federal authority under the National Gas Act.
The July 29 stay, noted Agostini, will also give both sides a chance to decide whether they will appeal the case.