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DELAWARE RIVERKEEPER v. PA DEP'T OF ENVMNT'L PROT.

No. 17-1533.

870 F.3d 171 (2017)

DELAWARE RIVERKEEPER NETWORK; Maya Van Rossum, the Delaware Riverkeeper, Petitioners v. SECRETARY OF the PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION; Pennsylvania Department of Environmental Protection, Respondents Tennessee Gas Pipeline Co., Intervenor.

United States Court of Appeals, Third Circuit.

(Filed: August 30, 2017).

Attorney(s) appearing for the Case

Aaron J. Stemplewicz [ARGUED], Delaware Riverkeeper Network, 925 Canal Street, Suite 3701, Bristol, PA 19007, Counsel for Petitioners.

Alexandra C. Chiaruttini , Joseph S. Cigan III [ARGUED], Commonwealth of Pennsylvania, Department of Environmental Protection, 2 Public Square, Wilkes-Barre, PA 18701, Kimberly Hummel Childe , Office of Attorney General of Pennsylvania, Department of Environmental Resources, 9th Floor, P.O. Box 8464, Harrisburg, PA 17105, Counsel for Respondents.

Pamela S. Goodwin , Saul Ewing, 650 College Road East, Suite 4000, Princeton, NJ 08540, Patrick F. Nugent , John F. Stoviak [ARGUED], Saul Ewing, 1500 Market Street, Centre Square West, 38th Floor, Philadelphia, PA 19102, Elizabeth U. Witmer , Saul Ewing, 1200 Liberty Ridge Drive, Suite 200, Wayne, PA 19087, Counsel for Intervenor Respondent.

Before: SMITH, Chief Judge, NYGAARD, and FUENTES, Circuit Judges.

OPINION OF THE COURT

Tennessee Gas Pipeline Co. ("Tennessee Gas") submitted applications to several federal and state agencies seeking approval to build an interstate pipeline project. One such agency is the Pennsylvania Department of Environmental Protection ("PADEP"),1 which issued a permit...

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