Second Circuit Court of Appeals Majority Upholds Connecticut Against Islander East in Judicial Rematch; Dissent Suggests State's Denial of Key Certificate May Have Been 'Foregone Conclusion'

摘要

The U.S. Court of Appeals for the Second Circuit voted 2-1 to deny a petition by Islander East Pipeline Co. LLC (CP01-384) for review of an adverse decision by the Connecticut Department of Environmental Protection (CTDEP) blocking its proposed natural gas pipeline across Long Island Sound for lack of a water quality certification (WQC) under Section 401 of the Clean Water Act. Islander East Pipeline Co. LLC v. State of Connecticut Department of Environmental Protection (No. 06-5764-ag) (Islander East II).