Split 6th Circuit panel blocks pipeline’s CWA 401 certification

A split appellate panel is staying the Tennessee Department of Environment and Conservation’s (TDEC) order granting a Clean Water Act (CWA) section 401 water quality certification for construction of a natural gas pipeline in the state as well as the permit for construction, despite a novel dissent warning that the court lacks subject-matter jurisdiction. In an Oct. 11 order , Judges Karen Nelson Moore and Eric Clay of the U.S. Court of Appeals for the 6th Circuit stayed TDEC’s CWA...