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- Constitution Pipeline Co, LLC v. N.Y.S. Dep’t of Env’t Conservation, 868 F.3d 87 (2d Cir. 2017)
DEC’s denial of Constitution’s application for a 401 water quality certification is upheld August 18, 2017
- FERC certificate and waiver orders vacated (2d Cir. 2021)
Second Circuit case numbers: 16-345, 16-361, 19-4338, 20-158, 20-208 were consolidated as part of FERC’s motion to dismiss
“Upon due consideration, it is hereby ORDERED that Respondent’s motions to dismiss are GRANTED and Stop the Pipeline’s motions to dismiss for lack of jurisdiction are DENIED as moot. It is further ORDERED that Stop the Pipeline’s motions for vacatur are GRANTED, the underlying agency orders are VACATED, and the cases are REMANDED with instructions to dismiss the agency proceedings.”
- On September 9, 2026, the U.S. Court of Appeals for the Second Circuit consolidated the three cases challenging FERC’s January 23, 2026 Remand Order and granted the motions filed by the various parties to put their cases in abeyance. By not ruling on FERC’s motion to dismiss, the Court basically denied FERC’s motion in an order that cannot be appealed.
