Last August the Federal Energy Regulatory Commission (FERC) issued a decision overruling the New York Dept. of Environmental Conservation (DEC) to allow National Fuel Gas Company’s Northern Access Pipeline project to proceed (see Big News: FERC Overrules NY DEC to Approve Northern Access Pipe). The DEC subsequently asked FERC to reconsider the decision. FERC did, and ruled in April that they were right the first time–the DEC forfeited the right to issue permits for the project by taking too long (see FERC Overrules NY DEC on Northern Access Pipeline Rehearing). The DEC has just appealed FERC’s ruling to the U.S. Second Circuit Court of Appeals.