Federal court upholds state’s right to stop natural gas pipeline under the Clean Water Act

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Federal court upholds state’s right to stop natural gas pipeline under the Clean Water Act

Last Friday the Second Circuit Court of Appeals sided with the New York State Department of Environmental Conservation (“NYSDEC”) and their denial of a § 401 certificate under the U.S. Clean Water Act to Constitution Pipeline (a partnership among Cabot Oil & Gas Corp.; Oklahoma-based energy company Williams Cos.; Piedmont Natural Gas; and WGL). Denying Constitution Pipeline’s application effectively vetoed a $750 million plan for a 124-mile pipeline stretching from the Marcellus shale deposits in Pennsylvania to the Iroquois pipeline in


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Utah Public Waters Access Act

Utah Public Waters Access Act “violates” Utah Constitution 4th District judge says; Utah Supreme Court stays ruling pending appeal

The issue of public access to waters in the state of Utah has become a hot-button issue in the Utah courts recently.  As reported in the Salt Lake Tribune, the issue stems from a ruling from 4th District Judge Derek Pullan that held that “the ‘unfittingly named’ 2010 Utah Public Waters Access Act violates the Utah Constitution by denying the recreating public from a resource that the state must manage in the favor of all Utahns.” Utah Public Waters Access