FERC Won't Override NY's $683M Pipeline Permit Denial

Law360, New York (January 11, 2018, 5:11 PM EST) -- The Federal Energy Regulatory Commission on Thursday refused to overrule New York’s denial of a Clean Water Act permit for a $683 million natural gas pipeline, rejecting Constitution Pipeline Co. LLC’s argument that the state waived its authority by blowing through a one-year statutory deadline to act on the permit request.

Under Section 401 of the CWA, as interpreted by FERC, states have one year to act on a permit application by pipeline companies, or else their authority is deemed waived. The New York State Department of...
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