ELR Citation: ELR 20207
No(s). 05-4139 (2d Cir. Oct 5, 2006)

The court held that a state environmental agency arbitrarily and capriciously denied a pipeline company's application for a water quality certificate that would allow it to discharge into waters of Long Island Sound during the construction of an interstate natural gas pipeline. The agency failed to adequately explain or support its denial with record evidence and to acknowledge or explain contradictory record evidence. On remand, the agency must conduct a further review of the application and either provide record evidence in support of its denial order or allow the project to move forward.