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ISLANDER EAST PIPELINE CO., LLC v. McCARTHY

Docket No. 06-5764-ag.

525 F.3d 141 (2008)

ISLANDER EAST PIPELINE COMPANY, LLC, Petitioner, v. Gina McCARTHY, Commissioner of Connecticut Department of Environmental Protection, and State of Connecticut Department of Environmental Protection, Respondents.

United States Court of Appeals, Second Circuit.

Decided: May 2, 2008.

Attorney(s) appearing for the Case

Frederick M. Lowther (Beth L. Webb, Janet M. Robins, on the brief), Dickstein Shapiro LLP, Washington, D.C.; Anthony M. Fitzgerald, Carmody & Torrance, LLP, New Haven, CT; Thomas L. Stanton, Associate General Counsel, Spectra Energy Islander East Pipeline Company, LLC, as Operator for Islander East Pipeline Company, LLC, Waltham, MA, for Petitioner.

Kimberly P. Massicotte, Assistant Attorney General (Richard M. Blumenthal, Attorney General for the State of Connecticut; John M. Looney, David H. Wrinn, Scott N. Koschwitz, George W. O'Connell, Assistant Attorneys General, on the brief), Office of the Attorney General, Hartford, CT, for Respondents.

Judge RESTANI dissents in a separate opinion.

REENA RAGGI, Circuit Judge:

This case arises from the ongoing efforts of Islander East Pipeline Co., LLC ("Islander East") to secure a water quality certification from the Connecticut Department of Environmental Protection ("CTDEP") for a plan to build a natural gas pipeline from Connecticut to New York across Long Island Sound. Such certification is a prerequisite to Islander East securing final federal approval for its pipeline project under the Natural Gas Act...

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