Islander East Pipeline Co., LLC v. McCarthy

Judge RESTANI dissents in a separate opinion.

REENA RAGGI, Circuit Judge:

This case arises from the ongoing efforts of Islander East Pipeline Co., LLC (“Islander East”) to secure a water quality certification from the Connecticut Department of Environmental Protection (“CTDEP”) for a plan to build a natural gas pipeline from Connecticut to New York across Long Island Sound. Such certification is a prerequisite to Islander East securing final federal approval for its pipeline project under the Natural Gas Act of 1938 (“NGA”), Pub.L. No. 75-688, 52 Stat. 831 (codified as amended at 15 U.S.C. §§…