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ARTICLE · 14 MARCH 2013

Enforcement And Reporting Updates For Pipeline Operators

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Federal Judge Robert D. Mariani granted an injunction to stay proceedings in the Pennsylvania Environmental Hearing Board on appeals filed by Delaware Riverkeeper Network and others of three state environmental permits issued to a pipeline operator, in Tennessee Gas Pipeline Co., LLC v. Delaware Riverkeeper Network.

United StatesEnvironment
Paul Drucker
Paul Drucker
Tammy Helminski
Tammy Helminski
Jeffrey Peabody
Jeffrey Peabody
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District Court Enjoins Pennsylvania Environmental Hearing Board Permit Appeals

Federal Judge Robert D. Mariani granted an injunction to stay proceedings in the Pennsylvania Environmental Hearing Board on appeals filed by Delaware Riverkeeper Network and others of three state environmental permits issued to a pipeline operator, in Tennessee Gas Pipeline Co., LLC v. Delaware Riverkeeper Network, et al, No. 3:13-cv-46 (M.D. Pa. Feb. 5, 2013).

Tennessee Gas Pipeline Company (TGPC) sought a declaratory judgment that the Natural Gas Act (“NGA”) preempted Pennsylvania’s Environmental Hearing Board from reviewing appeals of three permits issued to TGPC by the state’s environmental agency as required by an earlier Federal Energy Regulatory Commission (FERC) order. The Court disagreed with TGPC that this issue turned on preemption, noting that two of the permits were issued pursuant to the Clean Water Act, 33 U.S.C. §§ 1251 et seq. and not the NGA. However, the Court found that the

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