The United States Federal Energy Regulation Commission (FERC) has issued an order holding that the New York Department of Environmental Conservation (DEC) waived its authority under the Clean Water Act to issue or deny a water quality certification for the proposed Constitution Natural Gas Pipeline because DEC failed to act in a timely manner.
Entities proposing to construct interstate natural gas pipelines are subject to a multitude of state and federal permitting regulations and statutes. One such requirement, as scrutinized and decided by FERC in …
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