Broadwater is asking Mr. Gutierrez to override the New York Department of State's April 10 ruling that the energy company's proposed floating liquefied natural gas terminal in Long Island Sound was inconsistent with the state's coastal zone management policy.

In a 21-page brief, Broadwater argues that its project is consistent with the objectives of the federal coastal zone management act pursuant to which the state's coastal policies are promulgated.  The facility “furthers the national interest ...  in a significant or substantial manner,” the national interest furthered “outweighs the activity's adverse coastal effects,” and there is “no reasonable alternative available,” according to the brief.

Broadwater develops coastal resources by enabling regional growth and enhancing the reliable energy supplies by delivering natural gas “to the doorstep of target markets to meet demand in Long Island New York City, the greater New York metropolitan area, upstate New York and southern Connecticut,” the brief states.

The federal Coastal Zone Management Act gives projects like Broadwater “priority consideration” because it is a coastal-dependent, major energy facility. Broadwater would preserve, protect, restore and enhance the resources of the nation's coastal zone, as required by the act, by increasing the supply of cleaner-burning fuel that would result in cleaner air, according to the brief.

Any adverse coastal impacts of the project, which Broadwater calls “very limited,” are outweighed by the “significant and substantial benefits of the project,” Broadwater argues. It points to the Federal Energy Regulatory Commission's review and approval of its permit applications. FERC gave the project its blessing on March 20.

Broadwater also argues that there are no reasonable alternatives to its proposed project. It maintains that the alternatives suggested by the department of state are not sufficiently specific or reasonable and available.

“After careful consideration and review of the record, we firmly believe that the Secretary of Commerce will find that the Broadwater project is consistent with the objectives of the Coastal Zone Management Act,” said John Hritcko, senior vice president and regional project director for Broadwater Energy.

Lauren Rivera, director of public information for the New York Department of State, said Friday afternoon that the agency had not yet seen the papers Broadwater filed. “When we get them, we'll take them under advisement,” she said.

“There is nothing surprising in here,” said Adrienne Esposito, executive director of Citizens Campaign for the Environment, said after reading the notice of appeal. “This typifies the oil industry's bullying tactics that say local concerns should be stepped on so they can continue to make money,” she said.

The brief also asks the commerce secretary to expedite his review on appeal, by shortening the length of the decision-making period to 90 days.

“That's because they want the current commerce secretary, a Bush appointee, to make the decision,” Ms. Esposito said. “Bush appointees are always favorable to the oil industry,” she said.

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