Jump to Navigation
Jump to Content

New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission

ELR Citation: 51 ELR 20047
Nos. 19-1610-ag (L) and 19-1618-ag (Con), (2d Cir., 03/23/2021)

The Second Circuit denied a petition to review two FERC orders that determined the New York State Department of Environmental Conservation (NYDEC) had waived its authority under §401 of the CWA to issue or deny a water quality certification for a natural gas pipeline project. NYDEC and an environmental group argued that FERC erroneously concluded §401's one-year deadline for state action could not be modified by an agreement between them and the project's developers. The court agreed with FERC's interpretation of the CWA, and concluded that NYDEC waived its certification authority by failing to act within the statutory time limit. It therefore denied the petition for review.