Legal Opinion
N.Y.S. Dep't of Envtl. Conservation v. Fed. Energy Regulatory Comm'n
Court of Appeals for the Second Circuit
Decided March 12, 2018No. 17-3770-ag; August Term 2017PublishedCited by 8 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
*452The questions presented are: (1) whether the Federal Energy Regulatory Commission ("FERC") correctly determined that petitioner New York State Department of Environmental Conservation ("the Department") waived its authority to review the request of Intervenor Millennium Pipeline Company, L.L.C. ("Millennium") for a water quality certification under Section 401 of the Clean Water Act by failing to act on that request within one year; and (2) whether FERC has jurisdiction to regulate the pipeline at issue, and, if so, whether FERC appropriately accepted and…
2Cases cited10 opinions
- Maryland v. LouisianaSupreme Court of the United States · 1981
- National Ass'n of Regulatory Utility Commissioners v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1994
- Perry v. DowlingCourt of Appeals for the Second Circuit · 1996
- New York v. Atlantic States Marine Fisheries CommissionCourt of Appeals for the Second Circuit · 2010
- Constitution Pipeline Co. v. New York State Department of Environmental ConservationCourt of Appeals for the Second Circuit · 2017
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sierra Club v. U.S. Dep't of the InteriorCourt of Appeals for the Fourth Circuit · 2018
- Defenders of Wildlife v. U.S. Dept. of the InteriorCourt of Appeals for the Fourth Circuit · 2019
- Hoopa Valley Tribe v. Fed. Energy Regulatory Comm'nCourt of Appeals for the D.C. Circuit · 2019
- New York State Dep't of Env't Conservation v. Fed. Energy Regul.Court of Appeals for the Second Circuit · 2021
- Turlock Irrigation District v. FERCCourt of Appeals for the D.C. Circuit · 2022
3 more not listed; retrieve them via the Exa API.