On February 28, 2012, the U.S. Court of Appeals for the Second Circuit lifted an emergency temporary stay of construction activity the court had granted a week earlier on a proposed interstate pipeline and related pipeline facilities in Pennsylvania, serving the Marcellus Shale. The court initially stayed construction pending review of a petition brought by Sierra Club and Earthjustice alleging that FERC failed to adequately review environmental impacts to Marcellus Shale drilling activity under its NEPA analysis. But upon further review of a supplemental response filed by the Central New York Oil and Gas Company, the Second Circuit denied the environmentalists’ request for a stay. Click here for the Client Alert.