This is a re-publication of the Second Circuit opinion originally published at 467 F.3d 295, 163 0.&G.R. 159 (2d Cir. 2006). The following is a verbatim copy of the case summary that earlier appeared at 163 O.&G.R. 159. While the earlier summary did not contain a Discussion Note there is a Discussion Note following the re-published opinion. Plaintiff is an interstate natural gas pipeline that seeks to construct a pipeline originating in New Haven, Connecticut and terminating on Long Island thus crossing Long Island Sound. Plaintiff receives a FERC certificate of public convenience and necessity to construct the pipeline subject to various environmental requirements in 2002. Pursuant to the Coastal Zone Management Act and the Clean Water Act plaintiff files permit application with both New York and Connecticut.
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