2nd Circ. Says NY Regulator Too Late To Deny Pipeline Permit

Law360 (March 12, 2018, 3:14 PM EDT) -- The Second Circuit on Monday backed the Federal Energy Regulatory Commission’s conclusion that New York state environmental regulators had waived their authority to deny a Clean Water Act permit for a Millennium Pipeline Co. LLC project by blowing a one-year deadline to act on its permit application.

The Second Circuit on Monday rejected New York state's claim its one-year window of authority over a water quality permit begins when it receives a “complete” application. (Law360) A three-judge panel rejected the New York State Department of Environmental...
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