DELAWARE RIVERKEEPER v. PENN. DEPT. OF EPA

No. 15-2122, No. 15-2158.

833 F.3d 360 (2016)

DELAWARE RIVERKEEPER NETWORK; Maya van Rossum, the Delaware Riverkeeper, Petitioners v. SECRETARY PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION; Pennsylvania Department of Environmental Protection, Respondents. Transcontinental Gas Pipe Line Corp, Intervenor Respondent. New Jersey Conservation Foundation; Stony Brook Millstone Watershed Association; Friends of Princeton Open Space, Petitioners v. New Jersey Department Of Environmental Protection; Transcontinental Gas Pipe Line Corp, Respondents.

United States Court of Appeals, Third Circuit.

Opinion filed: August 8, 2016.


Attorney(s) appearing for the Case

Aaron J. Stemplewicz , (Argued), Delaware Riverkeeper Network, 925 Canal Street, Suite 3701, Bristol, PA 19007, Counsel for Petitioners Delaware, Riverkeeper Network and Maya Van Rossum.

Katherine V. Dresdner , 299 Pennington-Titusville Road, Pennington, NJ 08534, Aaron Kleinbaum, Esquire , Eastern Environmental Law Center, 744 Broad Street, Suite 1525, Newark, NJ 07102, Susan J. Kraham , Edward Lloyd , (Argued), Columbia University School of Law, 435 West 116th Street, New York, NY 10027, Counsel for Petitioners New Jersey, Conservation Foundation, Stony Brook Millstone Watershed, Association and Friends of Princeton Open Space.

Joseph S. Cigan, III , (Argued), Commonwealth of Pennsylvania, Department of Environmental Protection, 2 Public Square, Wilkes-Barre, PA 1870, Kimberly Hummel Childe , Office of Attorney General of Pennsylvania, Department of Environmental Resources, P.O. Box 8464, Harrisburg, PA 17105, Margaret O. Murphy , Pennsylvania Department of Environmental Protection, 400 Market Street, P.O. Box 8469, Harrisburg, PA 17105, Curtis C. Sullivan , Department of Environmental Protection, 909 Elmerton Avenue, Harrisburg, PA 17110, Counsel for Respondents Secretary, Pennsylvania Department of Environmental Protection and Pennsylvania Department of Environmental Protection.

Pamela S. Goodwin , Patrick F. Nugent   John F. Stoviak , (Argued), Saul Ewing, 1500 Market Street, Centre Square West, 38h Floor, Philadelphia, PA 19102, Elizabeth U. Witmer , Saul Ewing, 1200 Liberty Ridge Drive, Suite 200, Wayne, PA 19087, Counsel for Intervenor Respondent, Transcontinental Gas Pipe Line Corp.

Mark A. Collier , John E. Doyle , Timothy P. Malone , Lewin J. Weyl (Argued), Office of the Attorney General of New Jersey, Department of Law & Public Safety, Richard J. Hughes Justice Complex, 25 Market Street, P.O. Box 093, Trenton, NJ 08625, Counsel for Respondent New Jersey, Department of Environmental Protection.

Michael K. Rutter , Heather N. Oehlmann   Christine A. Roy , (Argued), Richard G. Scott , Watson, Stevens, Rutter & Roy, 3 Paragon Way, Suite 300, Freehold, NJ 07728, Counsel for Respondent, Transcontinental Gas Pipe Line Corp.

Before: GREENAWAY, JR., SCIRICA and ROTH, Circuit Judges.


OPINION

In this appeal, we are called upon to review water quality-related permitting actions by New Jersey and Pennsylvania for a project by Transcontinental Gas Pipe Line Company, LLC (Transco), which operates the Transcontinental pipeline, a 10,000-mile pipeline that extends from South Texas to New York City. Transco...

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