N.Y. State Dept. of Environmental Conservation v. FERC Nos. 17-3503 and 17-3770 Response in opposition to emergency motion and All Writs Act petition seeking to stay construction and operation of Millennium’s Valley Lateral project, pending appellate review of Commission orders finding that the N.Y. Department waived its authority over the project under the Clean Water Act. Millennium Pipeline Co., LLC, 160 FERC ¶ 61,065 (Sept. 15, 2017), reh’g denied, 161 FERC ¶ 61,186 (Nov. 15, 2017). Circuit 2nd Cir.

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