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Petition of the day

The petition of the day is:


Issue: Whether a state’s denial of a federally-approved interstate natural gas pipeline’s request for certification under Section 401 of the Clean Water Act, 15 U.S.C. § 717b(d)(3), on the basis of purportedly receiving insufficient information regarding alternative routes for the interstate natural gas pipeline, exceeds the state’s limited authority under the Energy Policy Act of 2005 and the Natural Gas Act of 1938, interferes with the Federal Energy Regulatory Commission’s exclusive jurisdiction over the routing of interstate natural gas pipelines when consideration of alternative routes is explicitly not part of the state’s federally-approved water quality standards, and violates the fundamental principles of federal supremacy arising from the Constitution’s supremacy clause.

Recommended Citation: Aurora Barnes, Petition of the day, SCOTUSblog (Feb. 7, 2018, 5:00 PM),