FERC Order Signals States Can't Delay Pipeline Rulings
James Bowe Jr., William Rice and Carolyn LachmanOctober 20, 2017, 10:21 AM EDT
Law360, New York (October 20, 2017, 10:21 AM EDT) -- On Sept. 15, 2017, the Federal Energy Regulatory Commission issued an order holding that the New York State Department of Environmental Conservation (NYSDEC) waived its authority under the Clean Water Act (CWA) by failing to issue or deny a water quality certificate, as requested by an interstate natural gas pipeline, within the CWA’s statutory one-year timeframe. Millennium Pipeline Co. LLC, 160 FERC ¶ 61,065 (2017).
FERC’s action removes what had appeared to be an insurmountable impediment to construction of Millennium Pipeline Company LLC’s Valley Lateral Project,...