2nd Circ. Won't Block Pipeline Amid NY, FERC Permit Fight

Law360, New York (December 7, 2017, 12:01 PM EST) -- The Second Circuit on Thursday rejected New York state's bid to block construction of a Millennium Pipeline Co. LLC project while it challenges the Federal Energy Regulatory Commission's determination that the state had waived its permitting authority but said it would hear the case as early as late January.

The New York State Department of Environmental Conservation had urged the appeals court to stay construction of Millennium's Valley Lateral project, a 7.8-mile connection to the CPV Valley Energy Center being built in Orange County, New York, until it rules on whether FERC correctly ruled that the NYSDEC had blown a statutory...

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