Pipeline Co. Says 2nd Circ. Got NY Permit Ruling Wrong

Law360, New York (September 6, 2017, 2:00 PM EDT) -- Constitution Pipeline Co. LLC asked the Second Circuit to rehear its claims that the New York State Department of Environmental Protection overstepped its authority when it denied the company a water quality permit for its planned $683 million natural gas pipeline.

Constitution said the Second Circuit panel was wrong to uphold NYSDEC’s denial, arguing that it conflicted with precedent and allowed a single state to usurp the authority reserved for the Federal Energy Regulatory Commission to approve pipeline routes. The panel’s mid-August opinion improperly placed the power to decide a pipeline’s route with New York, potentially setting up state vetoes for...

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