Tag Archives: penneast pipeline

PennEast Pipeline: NJDEP need not worry about today’s 2nd Circuit ruling in Millennium Pipeline case

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<> on July 26, 2013 in Williston, North Dakota.

March 12, 2018, the 2nd Circuit ruled NYDEC waived its authority under Section 401 of Clean Water Act by failing to deny the application within 1 year of filing,  holding that the clock for government decision runs even if the application is administratively incomplete.

20180312 2nd Cir Opinion NYDEC failed to deny 401 certification app 1 yr Millennium Pipeline

This ruling need not concern the NJDEP in its review of the PennEast Pipeline, because in February 2018 the Department already timely denied the Pipeline’s application for a 401 Certification under the Clean Water Act.