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Second Circuit Stays Construction of Pipeline For Failure to Examine Environmental Impacts of Marcellus Drilling by Deidre G. Duncan
Hunton & Williams LLP - Washington Office
Robert E. Hogfoss
Hunton & Williams LLP - Atlanta Office
Catherine Derdeyn Little
Hunton & Williams LLP - Atlanta Office
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March 1, 2012
Previously published on February 2012
In what could be a significant precedential decision, on February 17, 2012, the U.S. Court of Appeals for the Second Circuit granted an emergency temporary stay of construction activity on a proposed interstate pipeline and related pipeline facilities in Pennsylvania, serving the Marcellus Shale. Under review is a petition brought by the Sierra Club and Earthjustice alleging that the Federal Energy Regulatory Commission (“Commission” or “FERC”) failed to adequately review environmental impacts to Marcellus Shale drilling activity under its National Environmental Policy Act (“NEPA”) analysis. Further argument to determine whether the stay will continue is scheduled before the Second Circuit on February 28, 2012.
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