Oral Arguments in Islander East Dispute
Before the 2nd Circuit yesterday, Connecticut Attorney General Richard Blumenthal challenged the constitutionality of the Energy Policy Act of 2005, which allows energy facility developers to sue in the U.S. Court of Appeals when a state agency issues, conditions or denies certain permits required under federal law. “This case is the very first time in our nation that the Energy Policy Act has permitted a private pipeline company to sue the state, which is what we contend is unconstitutional,” Blumenthal said. The Conn. Department of Environmental protection had denied Islander East Pipeline a water quality permit. Associated Press article via The Hartford Courant. [Access to archived articles requires a fee.]