ISLANDER EAST PIPELINE v. CONN. DEPT. OF ENVIRON.

Docket No. 05-4139-AG.

467 F.3d 295 (2006)

ISLANDER EAST PIPELINE COMPANY, LLC, Petitioner, v. State of CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

United States Court of Appeals, Second Circuit.

Reargued April 11, 2006.

Decided October 5, 2006.


Attorney(s) appearing for the Case

Frederick M. Lowther (Beth L. Webb, Janet M. Robins, on the brief), Dickstein Shapiro Morin & Oshinsky LLP, Washington, D.C.; Anthony M. Fitzgerald, Carmody & Torrance, LLP, New Haven, CT; Thomas L. Stanton, Associate General Counsel, Duke Energy Islander East Pipeline Company, LLC as Operator for Islander East Pipeline Company, LLC; Walter Dellinger (Jonathan D. Hacker, Nicole A. Saharsky, on the brief), O'Melveny & Myers LLP, Washington, D.C., for Petitioner.

Richard Blumenthal, Attorney General, State of Connecticut (Kimberly P. Massicotte, David H. Wrinn, Assistant Attorneys General, on the brief), Office of the Attorney General, Hartford, CT, for Respondent.

Judge KEARSE dissents in a separate opinion.


RESTANI, Chief Judge.

Petitioner Islander East Company, LLC (Islander East) is a natural gas company, formed under the laws of Delaware, with its principal place of business in Houston, Texas. Petitioner seeks to construct an interstate natural gas pipeline, originating in North Haven, Connecticut, and crossing the Long Island Sound to terminate in Brookhaven, Long Island. In furtherance of this project, Petitioner asks the...

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