ELR Citation: 54 ELR 20103
No(s). 23-2052 (3d Cir. Jul 8, 2024)

The Third Circuit affirmed denial of a preliminary injunction motion in a lawsuit concerning an administrative appeal of permits for a pipeline expansion in Pennsylvania. A state agency had issued required permits to the company to begin construction, but environmental groups administratively appealed the issuance of three of the permits to another state agency, as allowed by state law. The company sued, arguing the Natural Gas Act preempted state law allowing an administrative appeal, expressly as well as impliedly through field and obstacle preemption, and moved for preliminary injunction. The district court rejected the preemption arguments and denied the company's motion. The appellate court found none of the theories of preemption advanced by the company or the state agency that issued the permits applied here, and affirmed denial of the motion.