New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission

ELR Citation: 51 ELR 20047
No(s). 19-1610-ag (L) and 19-1618-ag (Con) (2d Cir. Mar 23, 2021)

The Second Circuit denied a petition to review two FERC orders that determined the New York State Department of Environmental Conservation (NYDEC) had waived its authority under Ā§401 of the CWA to issue or deny a water quality certification for a natural gas pipeline project. NYDEC and an environme...