Full Case Name
DELAWARE RIVERKEEPER NETWORK; Maya Van Rossum, the Delaware Riverkeeper, Petitioners v. SECRETARY OF the PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION; Pennsylvania Department of Environmental Protection, Respondents. Tennessee Gas Pipeline Co., Intervenor
Description
Proposed natural gas pipeline project would impact wetlands. State found the project to be water dependent and the least environmentally damaging option. An environmental organization filed a petition for review. Court found that it has jurisdiction, State's interpretation of water dependency should be upheld, and that State's rejection of a compression alternative was reasonable and nonarbitrary.
Date
08-30-2017
Court
United States Court of Appeals for the Third Circuit
Jurisdiction
United States
Plaintiffs
Defendants
Incident Location
Pike County, PA; Wayne County, PA
Disputed Act
A proposed interstate natural gas pipeline project would impact exceptional-value wetlands. The State found the project to be water dependent and the least environmentally damaging option. An environmental organization filed a petition for review.
Holding
The Court found that it has jurisdiction, the State's interpretation of water dependency should be upheld, and that the State's rejection of a compression alternative was reasonable and nonarbitrary, as the alternative would lead to light and noise pollution and greenhouse gas emissions. Petition for review was denied.
Disposition