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884 F.3d 450 *; 2018 U.S. App. LEXIS 6033 **; 85 ERC (BNA) 2703; 2018 WL 1247016
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Petitioner, SARAH E. BURNS, AMANDA KING, MELODY BRUNN, BRUNN LIVING TRUST, PRAMILLA MALICK, CHAIR OF PROTECT ORANGE COUNTY, PROTECT ORANGE COUNTY, (POC), AN ASSOCIATION, Intervenors, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, MILLENNIUM PIPELINE COMPANY, L.L.C. and CPV VALLEY, L.L.C., Intervenors.
Prior History: [**1] Petition for Review from the Federal Energy Regulatory Commission. Nos. CP16-17-000, CP16-17-003.
Petitioner New York State Department of Environmental Conservation requests that we vacate two orders of the Federal Energy Regulatory Commission. Together, these orders authorized Intervenor-Respondent Millennium Pipeline Company, L.L.C. to construct a natural gas pipeline in Orange County, New York, and determined that the Department had waived its authority to provide a water quality certification for the pipeline project under Section 401 of the Clean Water Act.
We DENY the petition for review.
Millennium Pipeline Co., L.L.C., 161 F.E.R.C. P61186, 2017 FERC LEXIS 1553 (F.E.R.C., Nov. 15, 2017)Millennium Pipeline Co., L.L.C., 160 F.E.R.C. P61065, 2017 FERC LEXIS 1120 (F.E.R.C., Sept. 15, 2017)
pipeline, certification, Clean Water Act, water quality, Intervenors, natural gas, waived, environmental, interstate, deference, one year, incomplete, state agency, notice, orders
Business & Corporate Compliance, Energy & Utilities Law, Natural Gas Industry, Natural Gas Act, Energy & Utilities Law, Pipelines & Transportation, Certification & Licenses, Environmental Law, Water Quality, Clean Water Act, Administrative Law, Judicial Review, Standards of Review, De Novo Standard of Review, Regulators, US Federal Energy Regulatory Commission, Civil Actions, Deference to Agency Statutory Interpretation, Civil Procedure, Judicial Officers, Judges, Discretionary Powers, Parties, Intervention, Authorities & Powers, Natural Gas Transportation