FERC, NY Defend Dueling Rulings On $683M Pipeline

Law360, New York (September 13, 2016, 1:33 PM EDT) -- The Federal Energy Regulatory Commission told the Second Circuit on Monday that it complied with environmental law in approving Constitution Pipeline Co.'s proposed $683 million natural gas pipeline, while New York state regulators said they were within their rights to withhold a water quality permit for the project.

In two parallel appeals over the 124-mile pipeline, which is designed to bring gas from Pennsylvania to New York, Constitution claims that the New York Department of Environmental Conservation improperly leveraged a narrow permitting authority under the Clean Water Act to effectively veto FERC's approval for the project by refusing to issue a...

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