The Second Circuit Court of Appeals has ruled on the Constitution Pipeline, kicking Williams in the gut on part of it and kicking part of it down the road.
A three-judge panel of the Second Circuit Court of Appeals in New York City composed of Carter, G.W. Bush and Obama appointees has issued a very disappointing decision in the Constitution Pipeline case. It ruled against the Constitution Pipeline on the matter of whether the New York DEC acted arbitrarily in denying water quality certification while saying it had no authority to decide the critical question; whether DEC took too long. A read of the opinion (available here with my highlighting of important points) is an exercise in appreciating everything that’s wrong with New York, the courts and the pipeline industry.