On February 5, U.S. District Court Judge Robert D. Mariani of the Middle District of Pennsylvania granted Tennessee Gas Pipeline Co. LLC’s (TGPC) motion for a preliminary injunction in Tennessee Gas Pipeline v. Delaware Riverkeeper Network, 3:13-CV-46 (M.D. Pa.). The court’s order enjoined the Pennsylvania Environmental Hearing Board from considering appeals of multiple permits obtained by TGPC in furtherance of the 44-mile Northeast Upgrade pipeline project, finding that the Natural Gas Act prevents the EHB from hearing appeals of the Pennsylvania Department of Environmental Protection’s permitting decisions when those permits are obtained for a natural gas pipeline project.
As explained below, this decision will have implications for future gas pipeline projects and could invite permit applicants to seek ways to circumvent EHB review in other environmental areas.
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