2nd Circ. Backs FERC, Says NY Too Late In Pipeline Review

By Michael Phillis (March 23, 2021, 4:53 PM EDT) -- A Second Circuit panel on Tuesday agreed with the Federal Energy Regulatory Commission that New York regulators forfeited their authority to deny a Clean Water Act certification for a roughly $500 million natural gas pipeline by waiting too long to decide the matter.

U.S. Circuit Judge Barrington D. Parker, writing for a unanimous panel, said the New York State Department of Environmental Conservation could not strike a deal with the pipeline company to move the received-by date for a water quality certification back 36 days so that officials could meet the one-year deadline under the Clean Water Act to make a...

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