On September 4, 2018, the United States Court of Appeals for the
Third Circuit ("Third Circuit") declined to review
Pennsylvania's water permit approval of Transcontinental Gas
Pipe Line Company's ("Transco") Atlantic Sunrise
Project. The Third Circuit ruled that it had jurisdiction to
hear the state agency's certificate decision on appeal even
though the certificate decision was simultaneously being appealed
to another Pennsylvania agency.
In the spring of 2015, Transco filed its certificate application
with FERC for the Atlantic Sunrise Project, an expansion of
Transco's natural gas pipeline network in Pennsylvania and
other northeastern states. At the same time, Transco asked
the Pennsylvania Department of Environmental Protection
("PADEP") to issue a Water Quality Certification for the
project. In April 2016, PADEP approved Transco's request,
finding that Transco would comply with state water quality
standards if it satisfied certain conditions, including
