Reversing Course, FERC Dumps NY's Pipeline Permit Denial

Law360 (August 29, 2019, 9:19 PM EDT) -- The Federal Energy Regulatory Commission said late Wednesday that New York environmental regulators blew a one-year deadline to act on a Clean Water Act permit for a $683 million pipeline project, an about-face from last year, when it backed the Empire State's permit denial.

FERC cited the D.C. Circuit's January decision in Hoopa Valley Tribe v. FERC for its reversal. In 2018, FERC determined that the New York State Department of Environmental Conservation retained its authority to deny a CWA Section 401 water quality permit for a proposed project by Williams Cos. Inc. unit Constitution Pipeline Co. LLC despite the deadline. But FERC now...

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