Legal Opinion

Constitution Pipeline Co. v. New York State Department of Environmental Conservation

Court of Appeals for the Second Circuit

Decided August 18, 2017No. Docket 16-1568PublishedCited by 19 opinions

1Opinion of the Court

KEARSE, Circuit Judge:

Petitioner Constitution Pipeline Company, LLC (“Constitution”), petitions pursuant to 15 U.S.C. § 717r(d)(l) for review of an April 22, 2016 decision of the New York State Department of Environmental Conservation (“NYSDEC” or the “Department”) denying Constitution’s application for certification pursuant to § 401 of the Federal Water Pollution Control Act, more commonly known as the Clean Water Act (or “CWA”), 33 U.S.C. § 1341 (“§ 401 certification”), that Constitution’s proposed interstate natural gas pipeline would comply with New York State (or “State”) water quality…

2Cases cited10 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
  3. Robertson v. Methow Valley Citizens CouncilSupreme Court of the United States · 1989
  4. Utahns for Better Transportation v. United States Department of TransportationCourt of Appeals for the Tenth Circuit · 2002
  5. Joseph M. Keating v. Federal Energy Regulatory Commission, State of California, Ex Rel. California State Water Resources Control Board, IntervenorCourt of Appeals for the D.C. Circuit · 1991

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3Cited by19 opinions

  1. Alvarez Sosa v. BarrDistrict Court, E.D. New York · 2019
  2. Hoopa Valley Tribe v. Fed. Energy Regulatory Comm'nCourt of Appeals for the D.C. Circuit · 2019
  3. N.Y.S. Dep't of Envtl. Conservation v. Fed. Energy Regulatory Comm'nCourt of Appeals for the Second Circuit · 2018
  4. Mountain Valley Pipeline, LLC v. Sierra ClubCourt of Appeals for the Fourth Circuit · 2021
  5. New York State Dep't of Env't Conservation v. Fed. Energy Regul.Court of Appeals for the Second Circuit · 2021

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