Skip to main content

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

Certiorari Denied

Petition for certiorari denied on April 30, 2018.

Docket No.17-1009
Op. Below2d. Cir.

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.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.