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.https://leagle.com/images/logo.png
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.
Elizabeth W. Whittle , Nixon Peabody LLP, Washington, DC, for Intervenors CPV Valley, L.L.C.
Before: Cabranes, Livingston, and Carney, Circuit Judges.
JOSÉ A. CABRANES, Circuit Judge:
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...
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