ELR Citation: 55 ELR 20047
No(s). 23-3682 (6th Cir. Apr 4, 2025)

The Sixth Circuit denied environmental groups' petition to review the Tennessee Department of Environment and Conservation's (TDEC's) order issuing a water quality certification for a proposed fossil gas pipeline in Tennessee. The groups argued TDEC arbitrarily and capriciously determined that the proposed water crossing methods were the least impactful practicable alternatives; erred by issuing the certification prior to determining if the proposed rock removal methods were the least impactful practicable alternatives; failed to evaluate whether pipeline-related activities in wet weather conveyances would create downstream sedimentation; failed to evaluate and rebut record evidence establishing a risk of water quality standards violations caused by proposed dry, open-cut crossings; and failed to comply with state regulations requiring assessment of baseline conditions of affected water bodies and consideration of potential cumulative effects of the crossings. The court found TDEC adequately evaluated the water quality certification application and reasonably explained its decisionmaking with respect to water body crossings, rock removal methodology, sedimentation, trench excavation, and baseline conditions. It denied the groups' petition for review.