Court Upholds Pennsylvania DEP Permit Approval on Tennessee’s Orion Project

摘要

The Pennsylvania Department of Environmental Protection (DEP) was correct in its approval of a water quality certificate for Tennessee Gas Pipeline Co.’s Orion Project, the U.S. Court of Appeals for the Third Circuit concluded in a recent decision. The court rejected arguments made by Delaware Riverkeeper Network that challenged several aspects of DEP’s approval. It found the state agency’s interpretation of what constitutes a water dependent project worthy of deference, ruled that the DEP approval was a final action ripe for judicial review and determined that the DEP’s rejection of an alternative project using more compression was reasonable and supported by the record.