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Second Circuit Sides with FERC – States May Not Agree to Revise the Certification Request Date to Avoid Waiver of its Certification Authority Under Section 401 of the Clean Water Act | Troutman Pepper

To embed, copy and paste the code into your website or blog: On March 23, 2021, the United States Court of Appeals for the Second Circuit (the “Second Circuit” or the “Court”) agreed with FERC’s determination that the New York State Department of Environmental Conservation (“DEC”) had waived its certification authority under the Clean Water Act (“CWA”) by failing to act within the one-year statutory deadline. Notably, the Second Circuit held that a state agency cannot revise a certification request date by written agreement with the applicant, thereby altering the one-year statutory deadline for state action. Denying the petitions for rehearing by DEC and the Sierra Club, the Court applied the same reasoning it applied in New York State Dept’ of Env’t Conservation v. FERC (“New York I”), 884 F.3d 450, 455-56 (2d Cir. 2018) (see March 20, 2018 edition of the

Seneca Adding Another Rig in Tioga County, PA Thx to Pipe Expansion

Last Friday National Fuel Gas Company (NFG), the parent company for Seneca Resources and Empire Pipeline, issued its latest quarterly update for the quarter ending Dec. 31 (NFG's first quarter 2021, everyone else's fourth quarter 2020). Among the pearls of good news for NFG is that the company is adding a rig back in Tioga County, PA to drill on acreage NFG purchased from Shell. The added rig is due to a pipeline project coming online. Pipeline giant Williams is expanding capacity along its mighty Transco pipeline. In December 2018, Williams announced a new project to increase capacity along the Transco pipeline in PA by an extra 582 MMcf/d. The purpose of Leidy South is to connect huge supplies of natural gas in the Marcellus and Utica producing regions in Pennsylvania with markets along the Atlantic Seaboard by the 2021-2022 winter heating season. Some of the extra capacity along the Transco as a result of the Leidy South expansion is contracted by NFG. Last December Willia

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