3rd Circ. Gives States Extra Weapon To Fight Gas Pipelines

Law360 (September 11, 2019, 7:08 PM EDT) -- As the Trump administration moves to limit states' ability to review and potentially block interstate gas pipelines, the Third Circuit gave states a powerful backup option to veto projects in a ruling that pipeline developers can't seize state-owned land via eminent domain.

States opposed to pipeline projects have in the past wielded influence by relying on their broad authority to deny permits under Section 401 of the Clean Water Act. But that leeway is under threat: the D.C. Circuit in January drew limits on how states use their one-year statutory deadline to act on Section 401 requests and the U.S. Environmental...

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