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Constitution Pipeline Company, LLC v. New York State Department of Environmental Conservation

Petition for certiorari denied on April 30, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-1009 2d. Cir. N/A N/A N/A N/A OT 2017

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 16 2018Petition for a writ of certiorari filed. (Response due February 20, 2018)
Jan 30 2018Motion to extend the time to file a response from February 20, 2018 to March 22, 2018, submitted to The Clerk.
Feb 06 2018Motion to extend the time to file a response is granted and the time is extended to and including March 22, 2018, for all respondents.
Feb 20 2018Brief amici curiae of National Association of Manufacturers, et al. filed.
Mar 14 2018Brief of respondents New York State Respondents in opposition filed.
Mar 22 2018Brief of intervenors respondents Catskill Mountainkeeper, Inc., et al. in opposition filed.
Apr 09 2018Reply of petitioner Constitution Pipeline Company, LLC filed.
Apr 11 2018DISTRIBUTED for Conference of 4/27/2018.
Apr 30 2018Petition DENIED.