JUDICIAL DEVELOPMENTS

June 2008

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Second Circuit Let’s Stand Connecticut DEP’s Denial of Water Quality Certification to Build Gas Pipeline from Connecticut to New York across Long Island Sound
Islander East Pipeline v. McCarthy (Commissioner of Connecticut Department of Environmental Protection), ___F.3d___

Islander East Pipeline Co. (Islander East) has attempted for some time now to obtain a water quality certification from the Connecticut Department of Environmental Protection (CTDEP) to build a natural gas pipeline from Connecticut to New York across Long Island Sound. CTDEP initially rejected Islander East’s application in February 5, 2004 and the matter was appealed to the Second Circuit U.S. Court of Appeals, which remanded the issue to the CTDEP for further findings of fact because of the sparse analysis in the CTDEP’s decision. In this second appeal, Islander East again appealed from a rejection by the CTDEP, but this time the CTDEP provided far greater detail. The Second Circuit at this point rejected Islander East’s petition for review.