Constitution Pipeline Co. v. New York Sate Department of Environmental Conservation, No. 16-1568 (2d Cir. 2017)Annotate this Case
Constitution petitioned for review of the Department's decision denying its application for certification pursuant to Section 401 of the Federal Water Pollution Control Act, more commonly known as the Clean Water Act (CWA), 33 U.S.C. 1341. Constitution sought certification that its proposed interstate natural gas pipeline would comply with New York State water quality standards. NYSDEC denied the application on the ground that Constitution had not provided sufficient information. The Second Circuit held that, to the extent Constitution challenged the timeliness of the NYSDEC decision, the petition was dismissed for lack of jurisdiction. On the merits, the court held that NYSDEC's actions were within its statutory authority and that its decision was not arbitrary or capricious. The court deferred to NYSDEC's expertise as to the significance of the information requested from Constitution, given the record evidence supporting the relevance of that information to NYSDEC's certification determination. Accordingly, the court denied the petition for review.