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Expert Analysis

FERC Order Signals States Can't Delay Pipeline Rulings

By James Bowe Jr., William Rice and Carolyn Lachman (October 20, 2017, 10:21 AM EDT) -- On Sept. 15, 2017, the Federal Energy Regulatory Commission issued an order holding that the New York State Department of Environmental Conservation (NYSDEC) waived its authority under the Clean Water Act (CWA) by failing to issue or deny a water quality certificate, as requested by an interstate natural gas pipeline, within the CWA's statutory one-year timeframe. Millennium Pipeline Co. LLC, 160 FERC ¶ 61,065 (2017)....

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