United States Second Circuit

Defendant's order denying petitioner's Water Quality Certificate application, for discharge into the waters of Long Island Sound during construction of interstate natural gas pipeline, is remanded as the order was arbitrary and capricious because defendant: 1) failed adequately to explain or support its denial with record evidence; 2) did not acknowledge or explain contradictory record evidence; and 3) neglected to consider important aspects of the problem.

Appellate Information

• Argued
  Warning: Array to string conversion in /var/www/ability/wp-content/plugins/ability-core/vendor/twig/twig/src/Template.php on line 359
  Array
• Decided 10/05/2006
• Published 10/06/2006

Judges

• Before KEARSE and RAGGI, Circuit Judges, and RESTANI, Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Frederick M. Lowther (Beth L. Webb, Janet M. Robins, on the brief), Dickstein Shapiro Morin & Oshinsky LLP, Washington, D.C.;  Anthony M. Fitzgerald, Carmody & Torrance, LLP, New Haven, CT;  Thomas L. Stanton, Associate General Counsel, Duke Energy Islander East Pipeline Company, LLC as Operator for Islander East Pipeline Company, LLC;  Walter Dellinger (Jonathan D. Hacker, Nicole A. Saharsky, on the brief), O'Melveny & Myers LLP, Washington, D.C., for Petitioner.


• For Appellees:
  
• Richard Blumenthal, Attorney General, State of Connecticut (Kimberly P. Massicotte, David H. Wrinn, Assistant Attorneys General, on the brief), Office of the Attorney General, Hartford, CT, for Respondent.