Saul Ewing secures win for pipeline client
On February 24, 2016, the Second Circuit refused to halt preliminary tree felling on the Pennsylvania portion of the $683 million Constitution natural gas pipeline despite challenges from opposition groups.
Although the Federal Energy Regulatory Commission approved Pennsylvania tree felling work in January, opponents argued that preliminary tree felling should not commence because the New York portion of the permitting was not fully approved. The agency argued against the stay, claiming that harms from tree felling were not substantial or irreparable. Constitution Pipeline also opposed the stay arguing that the petitioners failed to show the commission abused its discretion, and failed to address the harm the company would face if the project were stalled. The company also argued that moving ahead with tree felling was necessary to timely complete the project and remain within an acceptable window of time to protect migratory birds and other wildlife.
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