National Fuel Gas Supply Corp.’s Victory in the Second Circuit

Sidley advised National Fuel Gas Supply Corp. on the dispute

National Fuel Gas Supply secured an appellate victory in a case in which the Federal Energy Regulatory Commission (FERC) approved the application of a National Fuel affiliate to construct a natural gas pipeline subject to National Fuel obtaining Clean Water Act certifications from New York and Pennsylvania.

After New York State’s Department of Environmental Conservation (DEC) denied certification, National Fuel petitioned the U.S. Court of Appeals for the Second Circuit for review.

On February 5, the court vacated the denial, holding that the agency failed to articulate a connection between the facts in the record and the decision reached, considered factors outside of National Fuel’s application, and did not address factors the FERC relied on in its own environmental assessment.

The court remanded for DEC to provide a sufficiently reasoned basis for its decision, and recognized that it lacked jurisdiction to determine whether DEC is now time-barred from blocking the project.

Sydley advised National Fuel Gas Supply Corp. with a team including Eamon Joyce (Picture), Bill Williams, Jim Wedeking, Tobias Loss-Eaton and Daniel Hay.

Involved fees earner: Daniel Hay – Sidley Austin LLP; Eamon Joyce – Sidley Austin LLP; Tobias Loss-Eaton – Sidley Austin LLP; Jim Wedeking – Sidley Austin LLP; William Williams – Sidley Austin LLP;

Law Firms: Sidley Austin LLP;

Clients: National Fuel Gas Supply Corp.;


Author: Ambrogio Visconti