NY Had Power To Reject Pipeline Water Permit, 2nd Circ. Told

Law360 (May 20, 2020, 8:18 PM EDT) -- The Federal Energy Regulatory Commission and the companies behind a proposed $500 million gas pipeline are twisting the Clean Water Act to try and force approval of the project over New York's objections, the state and the Sierra Club told the Second Circuit on Tuesday.

National Fuel Gas Supply Corp. and its unit Empire Pipeline Inc. want to construct the nearly 100-mile Northern Access pipeline through the Empire State, which has twice denied the developers a Clean Water Act Section 401 permit. FERC overruled the denial, saying the state missed its deadline, and New York and the Sierra Club are asking...

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