Pipeline Law

Pipeline Law

Tag Archives: water quality certification

FERC: Water Quality Certification Waiver Period for Pipeline Projects Begins Upon Receipt of a Written Request for Certification

Posted in Environmental, Judicial/ Administrative Decisions, Natural Gas
On September 15, 2017, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order in which it concluded that delays by the New York Department of Environmental Conservation (NYDEC or the Department) in processing Millennium Pipeline Company’s application for Clean Water Act (CWA) water quality certification constituted a waiver of the certification requirement. … Continue Reading

Second Circuit Upholds State Veto of Constitution Pipeline Project Via Denial of Water Quality Certification

Posted in Environmental, Judicial/ Administrative Decisions, Natural Gas
As previously reported on PipelineLaw, the ongoing controversy over an April 2016 decision by the New York Department of Environmental Conservation (NYDEC or the Department) to deny a Clean Water Act (CWA) water quality certification to Constitution Pipeline Company (Constitution or the Company) for its interstate natural gas pipeline project in Pennsylvania and New York highlights tensions between federal and state oversight of such projects.… Continue Reading

Federal Appellate Review of State Agency Decisions for Interstate Natural Gas Projects Confirmed

Posted in Construction & Design, Environmental, Judicial/ Administrative Decisions, Natural Gas, Policy
The Third Circuit held in a highly anticipated recent decision that state actions on water quality-related permits for interstate natural gas pipeline projects are reviewable only in the federal Circuit Courts of Appeals, in accordance with the Natural Gas Act (NGA). … Continue Reading

Constitution Pipeline Cases Reflect Tension in States’ Roles in Permitting Natural Gas Projects

Posted in Construction & Design, Environmental, Judicial/ Administrative Decisions, Natural Gas, Policy
Recent developments in cases brought by Constitution Pipeline Company to challenge New York’s denial of certain water quality authorizations highlight tensions between federal and state oversight of interstate natural gas pipeline construction projects, and the accompanying potential for costly and protracted delays. … Continue Reading