New York's water permit for Raritan Bay gas pipeline survives federal appeal as New Jersey's falls
A federal appeals court upheld New York's conditional water quality certification for the Northeast Supply Enhancement pipeline, weeks before another appeals court voided New Jersey's certification for the same project.
Developers of pipelines, submarine cables and other in-water projects in New York now have an appellate ruling that the State may approve a project it previously rejected, so long as it explains why its earlier concerns have been resolved. On August 21, 2026, the United States Court of Appeals for the Second Circuit denied a petition for review in Raritan Baykeeper, Inc. v. N.Y. State Dep't of Env't Conservation, No. 25-2938 (2d Cir. Aug. 21, 2026) (summary order), leaving in place the certification the New York State Department of Environmental Conservation (“DEC”) issued on November 7, 2025 under section 401 of the Clean Water Act, 33 U.S.C. § 1341, for the Northeast Supply Enhancement (“NESE”) project of Transcontinental Gas Pipe Line Company (“Transco”).
Raritan Baykeeper, Inc. v. N.Y. State Dep't of Env't Conservation, No. 25-2938 (2d Cir. Aug. 21, 2026) (summary order); 33 U.S.C. § 1341; Nat. Res. Def. Council, Inc. v. N.J. Dep't of Env't Prot., Nos. 26-1252, 26-1253 (3d Cir. Sept. 8, 2026)