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Islander E. Pipeline Co. v. McCarthy

ELR Citation: 38 ELR 20106
Nos. No. 06-5764, (2d Cir., 05/02/2008)

The Second Circuit upheld the Connecticut Department of Environmental Protection's denial of an energy company's request for a state water quality permit necessary to build a natural gas pipeline across the Long Island Sound. Record evidence supports the agency's finding that various techniques to be used by the company in installing the proposed pipeline would violate state water quality standards by eliminating a significant area of nearshore waters from their existing and designated use of shellfishing. Based on this record, the agency's decision to deny the company a certificate of compliance was not "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law."