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2nd Circuit Denies New York Agency’s Request To Review Pipeline Approval

(March 13, 2018, 10:46 AM EDT) -- NEW YORK — A Second Circuit U.S. Court of Appeals panel on March 12 held that the New York Department of Environmental Conservation (NYDEC) waived its authority to review a request for water quality certification under the Clean Water Act as part of an application for the construction of a natural gas pipeline because it failed to respond to the application within one year (New York Department of Environmental Conservation v. Federal Regulatory Energy Commission, No. 17-3770-ag, 2nd Cir., 2018 U.S. App. LEXIS 6033).

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