News & Analysis as of

Energy Sector Department of Environmental Conservation

(ACOEL) | American College of Environmental...

When States Get Serious About Phasing Out Natural Gas

A decision issued on May 15 by the New York Department of Environmental Conservation (DEC) denying approvals for a new natural gas pipeline is sending shivers through the energy industry. Though the decision was based...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Lakeland, Tennessee Operator Enter into...

The Tennessee Department of Environment and Conservation (“TDEC”) and Carroll’s Roofing & Construction, LLC, (“CRC”) entered into an August 6th Settlement Agreement and Order (“Agreement”) addressing an alleged violation of...more

Akin Gump Strauss Hauer & Feld LLP

EPA to States: Don’t Rock the Boat with Water Quality Certification Review

On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued updated guidance to “clarify and provide recommendations concerning the implementation of” Section 401 of the Clean Water Act (CWA), which could have...more

Flaster Greenberg PC

NESE: Governor Cuomo Will Decide – And NYC Will Face The Consequences

Flaster Greenberg PC on

While little noticed outside of the energy industry, New York Governor Andrew Cuomo is about to make one of the seminal decisions of his tenure. Before May 16, 2019, Governor Cuomo must decide whether to allow the New York...more

Beveridge & Diamond PC

Second Circuit Confirms NYSDEC Waived Water Quality Certification Authority by Delaying Decision on Application

Beveridge & Diamond PC on

On March 12, the Second Circuit held that the New York State Department of Environmental Conservation (NYSDEC) waived its authority to review Millennium’s request for a water quality certification under Section 401 of the...more

Beveridge & Diamond PC

Second Circuit to Expedite Review of Whether NYSDEC Waived Jurisdiction Over Water Quality Certification, After Denying Stay of...

Beveridge & Diamond PC on

On December 7, the Second Circuit rejected the New York State Department of Environmental Conservation’s (DEC) request for a stay of construction of the Millennium Pipeline Co. LLC’s Valley Lateral natural gas pipeline...more

Beveridge & Diamond PC

When Does the Race Start? New York Department of Environmental Conservation Requests Rehearing of Federal Energy Regulatory...

Beveridge & Diamond PC on

Following the Federal Energy Regulatory Commission (FERC)’s Declaratory Order that the New York State Department of Environmental Conservation (DEC) failed to timely act on an application for a Water Quality Certification...more

Pillsbury - Gravel2Gavel Construction & Real...

NYDEC Waived Right to Act on a CWA 401 Water Qualification

The Federal Energy Regulatory Commission’s (FERC) decision in the matter of Millennium Pipeline Company, LLC was issued on September 15, 2017. FERC determined that the New York State Department of Environmental Conservation...more

Hogan Lovells

The D.C. Circuit shows the way through the red tape in pipeline permitting dispute

Hogan Lovells on

On June 23, 2017, the United States Court of Appeals for the District of Columbia Circuit held that Millennium Pipeline Company LLC lacked standing to bring a claim against the New York State Department of Environmental...more

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