NY STATE DEPT. OF ENVIRONMENTAL CONSERV. v. FERC

No. 17-3770-ag August Term 2017.

884 F.3d 450 (2018)

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Petitioner, Sarah E. Burns, Amanda King, Melody Brunn, Brunn Living Trust, Pramilla Malick, Chair of Protect Orange County, Protect Orange County, (POC), an association, Intervenors, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Millennium Pipeline Company, L.L.C. and CPV Valley, L.L.C., Intervenors.

United States Court of Appeals, Second Circuit.

Decided: March 12, 2018.


Attorney(s) appearing for the Case

FREDERICK A. BRODIE , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General; Andrew D. Bing , Deputy Solicitor General Lisa M. Burianek , Deputy Bureau Chief; and Brian Lusignan , Assistant Attorney General, on the brief), for Eric T. Schneiderman , Attorney General, State of New York, Albany, NY, for Petitioner.

ROBERT H. SOLOMON , Solicitor ( James P. Danly , General Counsel; Holly E. Cafer , Senior Attorney; and Ross Fulton , Attorney, on the brief), Federal Energy Regulatory Commission, Washington, DC, for Respondent.

CAROLYN ELEFANT ( Sarah A. Burns , New York University School of Law, New York NY; and David Wallace , David Wallace Law Offices, Montague, NJ, on the brief), Law Offices of Carolyn Elefant, PLLC, Washington, DC, for Intervenors Sarah E. Burns, Amanda King, Melody Brunn, Brunn Living Trust, Pramilla Malick, Chair of Protect Orange County, Protect Orange County, (POC) an association.

CATHERINE E. STETSON (Sean Marotta, Hogan Lovells US LLP, Washington, DC; and Paul Korman , Michael R. Pincus , and A. Gregory Junge , Van Ness Feldman LLP, on the brief), Hogan Lovells US LLP, Washington, DC, for Intervenors Millennium Pipeline Company, L.L.C.

Elizabeth W. Whittle , Nixon Peabody LLP, Washington, DC, for Intervenors CPV Valley, L.L.C.

Before: Cabranes, Livingston, and Carney, Circuit Judges.


The questions presented are: (1) whether the Federal Energy Regulatory Commission ("FERC") correctly determined that petitioner New York State Department of Environmental Conservation ("the Department") waived its authority to review the request of Intervenor Millennium Pipeline Company, L.L.C. ("Millennium...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases