New York State Department of Environmental Conservation v. FERC, No. 17-3770 (2d Cir. 2018)Annotate this Case
The Second Circuit denied the petition for review of FERC's two orders authorizing Millennium Pipeline to construct a natural gas pipeline in Orange County, New York. The court held that the Department waived its authority to review Millennium's request for a water quality certification under the Clean Water Act by failing to act on that request within one year. The court concluded that FERC did have jurisdiction over the pipeline where the Natural Gas Act provided that FERC had plenary authority over the transportation of natural gas in interstate commerce.