Hogan Lovells Publications | 07 July 2017

D.C. Circuit shows the way through the red tape in pipeline permitting dispute

On June 23, 2017, the United States Court of Appeals for the District of Columbia Circuit held that Millennium Pipeline Company LLC lacked standing to bring a claim against the New York State Department of Environmental Conservation for the state agency’s unreasonable delay in issuing a required permit.

Despite that (or perhaps because of) that dismissal, however, the D.C. Circuit’s decision provides useful guidance to pipelines on how best to obtain a certificate of public convenience from the Federal Energy Regulatory Commission (FERC) when confronted with a recalcitrant State.

Read the full "The D.C. Circuit shows the way through the red tape in pipeline permitting dispute" client alert. 

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