Constitution Takes Pipeline Permit Denial To The 2nd Circ.

Law360, New York (May 17, 2016, 3:41 PM EDT) -- When a New York state agency denied a water quality permit for the proposed $683 million Constitution natural gas pipeline last month, it impermissibly challenged the Federal Energy Regulatory Commission’s prior approval of the project, the companies behind the proposal told the Second Circuit on Monday.

Constitution Pipeline Co. LLC, which is jointly owned by four companies, is seeking appellate review of the New York State Department of Environmental Conservation’s decision to deny the 124-mile pipeline’s Clean Water Act water quality certification. While the DEC said in its Earth Day denial that the project failed to meet water quality standards, Constitution...

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