The developers of the proposed 124 mile Constitution gas transmission pipeline are appealing New York State's denial of a water quality permit that is blocking construction through  Broome, Delaware, Chenango and Schoharie Counties.

The New York State Department of Environmental Conservation denied the permit application saying Constitution’s proposal failed to meet standards for protecting water resources.

Constitution claims the state’s decision was arbitrary and is asking the U.S. Circuit Court of Appeals to take away the state’s authority to issue permits for the project.

The appeal comes just days after New York State Attorney General Eric Schneiderman petitioned the Federal Energy Regulatory Commission to investigate evidence that Constitution has illegally gone ahead with tree clearing and other construction activities in spite of the lack of the required permit.