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The final hurdle for National Fuel Gas Company's (NFG) Northern Access Pipeline as it travels through New York State has fallen. Yesterday the U.S. Court of Appeals for the Second Circuit ruled that yes, New York (according to federal guidelines) waived its right to grant a Section 401 water crossing permit under the federal Clean Water Act when NY declined to rule on the permit application within one calendar year. That means NFG can now proceed with the project, although the company previously said they would not begin to build until 2022.
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