2nd Circ. Questions Rigidity Of FERC's Water Permit Actions

Law360 (October 29, 2020, 8:41 PM EDT) -- A Second Circuit panel on Thursday questioned whether the Federal Energy Regulatory Commission was too strict when it determined New York regulators waited too long and therefore forfeited their power to deny a Clean Water Act permit for a $500 million natural gas pipeline.

The panel homed in on whether the one-year deadline for New York to act on a CWA Section 401 permit for the nearly 100-mile Northern Access pipeline is really a bright-line rule that deprives the state of the power to issue a denial or whether there's wiggle room for real world circumstances, such as if a developer's...

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