Matter of National Fuel Gas Supply Corp. v. Schueckler

Decision: 2020.06.25

Argument: 2020.06.02 vid. tr.

Whether petitioner natural gas company held qualifying federal permit under Eminent Domain Procedure Law (EDPL) 206(A), thereby exempting it from standard hearing and findings procedure of EDPL article 2; Federal Energy Regulatory Commission granted petitioner’s application for a certificate of public convenience and necessity to construct 97-mile natural gas pipeline across respondents’ land, but State Department of Environmental Conservation denied petitioner’s application for water quality certification (WQC); federal certificate of public convenience allowed construction of pipeline subject to various conditions, including State’s issuance of WQC.

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Fourth Department Decision

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• Conditional certificate of public convenience sufficient for exercise of eminent domain (Matter of National Fuel Gas Supply Corp. v. Schueckler).
• The June Session calendar is set.
• The March Session calendar is set.
• Case Summary – Matter of National Fuel Gas Supply Corp. v. Schueckler