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DOMINION TRANSMISSION, INC. v. SUMMERS

No. 13-1019.

723 F.3d 238 (2013)

DOMINION TRANSMISSION, INC., Petitioner, v. Robert SUMMERS, In His Official Capacity as Secretary of the Maryland Department of the Environment and Maryland Department of the Environment, Respondents Myersville Citizens for A Rural Community, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 19, 2013.

Attorney(s) appearing for the Case

Christopher T. Handman argued the cause for petitioner. With him on the briefs were J. Patrick Nevins and Sean Marotta.

Joan Dreskin and Dan Regan were on the brief for amicus curiae Interstate Natural Gas Association of America in support of petitioner.

Roberta R. James , Assistant Attorney General, Office of the Attorney General for the State of Maryland, argued the cause for respondents. With her on the brief was Douglas F. Gansler , Attorney General.

Carolyn Elefant argued the cause and filed the brief for intervenor.

Opinion for the court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

Hoping to construct a natural gas compressor station in Myersville, Maryland, Dominion Transmission, Inc., applied for and received a certificate of public convenience and necessity from the Federal Energy Regulatory Commission. To proceed with construction, however, Dominion must also obtain an air quality permit from the Maryland Department of the Environment (the Department). After the Department twice refused to process Dominion's application...

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