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August 18, 2017 | Legal Document

Constitution Pipeline 401 Certification Denial

pursuant to § 401 of the Clean Water Act, 33 U.S.C. § 1341, that petitioner's proposed interstate 2 natural gas pipeline would comply with New York State water quality standards ("§ 401 3 certification"). Respondents denied the application on the ground that petitioner had not complied 4 with requests for relevant information. Petitioner contends (1) that respondents exceeded the statutory 5 time limitations for the State's review of the application and that they must therefore be ordered to 6 notify the United States Army Corps of Engineers ("USACE") that the State waives its right to issue 7 or deny § 401 certification, thereby allowing USACE to issue a permit to petitioner under § 404 of 8 the Clean Water Act


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