United States Second Circuit

Petition for review of a decision by the Connecticut Department of Environmental Protection (CTDEP) denying a "water quality certification" for plaintiff to build a natural gas pipeline across the Long Island Sound is denied where: 1) record evidence supported the CTDEP's finding that plaintiff's proffered techniques for installing the proposed pipeline would violate state water quality standards; and 2) based on the record, the CTDEP's denial of certification was not arbitrary, capricious, an abuse of discretion, or not in accordance with law. (Substituted opinion)

Appellate Information

• Decided 05/02/2008
• Published 05/07/2008

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 LLP, Washington, D.C.;  Anthony M. Fitzgerald, Carmody & Torrance, LLP, New Haven, CT;  Thomas L. Stanton, Associate General Counsel, Spectra Energy Islander East Pipeline Company, LLC, as Operator for Islander East Pipeline Company, LLC, Waltham, MA, for Petitioner.


• For Appellees:
  
• Kimberly P. Massicotte, Assistant Attorney General (Richard M. Blumenthal, Attorney General for the State of Connecticut;  John M. Looney, David H. Wrinn, Scott N. Koschwitz, George W. O'Connell, Assistant Attorneys General, on the brief), Office of the Attorney General, Hartford, CT, for Respondents.