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FERC Tells 2nd Circ. NY Permit Override Was By The Book

Law360, New York (January 12, 2018, 2:57 PM EST) -- The Federal Energy Regulatory Commission told the Second Circuit on Thursday that its conclusion that New York state waived its permitting authority for a Millennium Pipeline Co. LLC project was based on a plain reading of the Clean Water Act that is backed by decades of agency implementation and congressional intent.

The New York State Department of Environmental Conservation claims FERC wrongly ruled that it had blown a statutory one-year deadline to issue a CWA permit for Millennium's Valley Lateral project, a 7.8-mile connection to the...
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