2nd Circuit Upholds NY DEC Water Permit for NESE Pipeline

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The U.S. Court of Appeals for the Second Circuit last Friday slammed the door on Big Green's attempt to yank the New York water permit for the Williams/Transco Northeast Supply Enhancement (NESE) pipeline. Six environmental groups asked the court to vacate the Clean Water Act Section 401 water quality certification (WQC) that the New York State Dept. of Environmental Conservation (DEC) issued in November 2025. In a summary order issued Aug. 21, a three-judge panel said no. The permit stands. NESE, already under construction, keeps building.

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