Case 17-1164, Document 1-1, 04/21/2017, 2017071, Page1 of 2 United States Court of Appeals for the Second Circuit Thurgood Marshall U.S. Courthouse 40 Foley Square New York, NY 10007 ROBERT A. KATZMANN CHIEF JUDGE Date: April 21, 2017 Docket #: 17-1164ag Short Title: National Fuel Gas Supply Corp v. New York State Department of E CATHERINE O'HAGAN WOLFE CLERK OF COURT Agency #: CP15-115-000 Agency: NYS Dept. of Environmental Conservation DOCKETING NOTICE A petition for review filed by Petitioner National Fuel Gas Supply Corporation and Empire Pipeline, Inc., in the above referenced case was docketed today as docket number 17-1164. This number must appear on all documents related to this case that are filed in this Court. For pro se parties the docket sheet with the caption page, and an Acknowledgment and Notice of Appearance Form are enclosed. In counseled cases the docket sheet is available on PACER. Counsel must access the Acknowledgment and Notice of Appearance Form from this Court's website http://www.ca2.uscourts.gov. The form must be completed and returned within 14 days of the date of this notice. The form requires the following information: YOUR CORRECT CONTACT INFORMATION: Review the party information on the docket sheet and note any incorrect information in writing on the Acknowledgment and Notice of Appearance Form. The Court will contact one counsel per party or group of collectively represented parties when serving notice or issuing our order. Counsel must designate on the Acknowledgment and Notice of Appearance a lead attorney to accept all notices from this Court who, in turn will, be responsible for notifying any associated counsel. CHANGE IN CONTACT INFORMATION: An attorney or pro se party who does not immediately notify the Court when contact information changes will not receive notices, documents and orders filed in the case. An attorney and any pro se party who is permitted to file documents electronically in CM/ECF must notify the Court of a change to the user's mailing address, business address, telephone
Case 17-1164, Document 1-1, 04/21/2017, 2017071, Page2 of 2 number, or e-mail. To update contact information, a Filing User must access PACER's Manage My Appellate Filer Account, https://www.pacer.gov/psco/cgi-bin/cmecf/ea-login.pl. The Court's records will be updated within 1 business day of a user entering the change in PACER. A pro se party who is not permitted to file documents electronically must notify the Court of a change in mailing address or telephone number by filing a letter with the Clerk of Court. CAPTION: In an appeal, the Court uses the district court caption pursuant to FRAP 12(a), 32(a). For a petition for review or original proceeding the Court uses a caption pursuant to FRAP 15(a) or 21(a), respectively. Please review the caption carefully and promptly advise this Court of any improper or inaccurate designations in writing on the Acknowledgment and Notice of Appearance form. If a party has been terminated from the case the caption may reflect that change only if the district court judge ordered that the caption be amended. APPELLATE DESIGNATIONS: Please review whether petitioner is listed correctly on the party listing page of the docket sheet and in the caption. If there is an error, please note on the Acknowledgment and Notice of Appearance Form. Timely submission of the Acknowledgment and Notice of Appearance Form will constitute compliance with the requirement to file a Representation Statement required by FRAP 12(b). For additional information consult the Court's instructions posted on the website. Inquiries regarding this case may be directed to 212-857-8539.
Case 17-1164, Document 1-2, 04/21/2017, 2017071, Page1 of 20 IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT NATIONAL FUEL GAS SUPPLY CORPORATION and EMPIRE PIPELINE, INC., v. Petitioners, No. 17- NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; BASIL SEGGOS, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; and JOHN FERGUSON, CHIEF PERMIT ADMINISTRATOR, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondents. PETITION FOR REVIEW Pursuant to Section 19(d) of the Natural Gas Act, 15 U.S.C. 717r(d)(1), and Federal Rule of Appellate Procedure 15(a), National Fuel Gas Supply Corporation and Empire Pipeline, Inc. (collectively, National Fuel ) hereby petition the United States Court of Appeals for the Second Circuit for review of the New York State Department of Environmental Conservation s decision dated April 7, 2017 denying
Case 17-1164, Document 1-2, 04/21/2017, 2017071, Page2 of 20 National Fuel s application for a water quality certification ( WQC ) under Section 401 of the federal Clean Water Act, 33 U.S.C. 1341, in connection with National Fuel s federally approved interstate natural gas pipeline project. 1 The New York State Department of Environmental Conservation s decision is attached as Exhibit A. Dated: April 21, 2017 Respectfully submitted, 2 /s/ Eamon P. Joyce Eamon P. Joyce SIDLEY AUSTIN LLP 787 Seventh Avenue New York, New York 10019 (212) 839-5300 ejoyce@sidley.com Tobias S. Loss-Eaton Daniel J. Hay SIDLEY AUSTIN LLP 1501 K Street NW Washington, DC 20005 (202) 736-8000 Counsel for Petitioners National Fuel Gas Supply Corporation and Empire Pipeline, Inc. 1 Before the Federal Energy Regulatory Commission, Petitioners have submitted that the New York State Department of Environmental Conservation s failure to issue a decision on Petitioners application for a WQC under Section 401 by October 25, 2016 resulted in a waiver of any requirement that Petitioners obtain such a Section 401 WQC from New York State. See Request for Reconsideration and Clarification at 4, 17-26, National Fuel Gas Supply Corp. et al., Docket Nos. CP15-115-000 et al. (FERC Mar. 3, 2017).
Case 17-1164, Document 1-2, 04/21/2017, 2017071, Page3 of 20 IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT NATIONAL FUEL GAS SUPPLY CORPORATION, and EMPIRE PIPELINE, INC. v. Petitioners, No. 17- NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; BASIL SEGGOS, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; and JOHN FERGUSON, CHIEF PERMIT ADMINISTRATOR, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondents. PETITIONERS CORPORATE DISCLOSURE STATEMENT Petitioners National Fuel Gas Supply Corporation and Empire Pipeline, Inc., are wholly owned subsidiaries of National Fuel Gas Company. No other publicly held entity owns more than 10 percent of the stock of either company. 3
Case 17-1164, Document 1-2, 04/21/2017, 2017071, Page4 of 20 Respectfully submitted, Dated: April 21, 2017 /s/ Eamon P. Joyce Eamon P. Joyce SIDLEY AUSTIN LLP 787 Seventh Avenue New York, New York 10019 (212) 839-5300 ejoyce@sidley.com Tobias S. Loss-Eaton Daniel J. Hay SIDLEY AUSTIN LLP 1501 K Street NW Washington, DC 20005 (202) 736-8000 tlosseaton@sidley.com dhay@sidley.com Counsel for Petitioners National Fuel Gas Supply Corporation and Empire Pipeline, Inc. 4
Case 17-1164, Document 1-2, 04/21/2017, 2017071, Page5 of 20 CERTIFICATE OF SERVICE I hereby certify that on April 21, 2017, I served the foregoing petition for review and corporate disclosure statement by U.S. First- Class Mail on the following (and by email where noted), and that no other parties were admitted to participate in the agency proceedings below: Thomas A. Berkman (thomas.berkman@dec.ny.gov) Deputy Commissioner and General Counsel Sita X. Crounse (Sita.Crounse@dec.ny.gov) New York State Department of Environmental Conservation 625 Broadway Albany, New York 12233-1500 Basil Seggos Acting Commissioner New York State Department of Environmental Conservation 625 Broadway Albany, New York 12233 John Ferguson Chief Permit Administrator New York State Department of Environmental Conservation 625 Broadway Albany, New York 12233 Lisa M. Burianek (lisa.burianek@ag.ny.gov) Deputy Bureau Chief, Environmental Protection Bureau The Capitol Albany, New York 12224 5
Case 17-1164, Document 1-2, 04/21/2017, 2017071, Page6 of 20 Frederick A. Brodie (FREDERICK.BRODIE@AG.NY.GOV) New York State Office of the Attorney General Appeals & Opinions Bureau The Capitol Albany, NY 12224-0341 /s/ Eamon P. Joyce Counsel for Petitioners National Fuel Gas Supply Corporation and Empire Pipeline, Inc. 6
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