Delaware Riverkeeper Network v. Secretary of Pennsylvania Department of Environmental Protection

The Third Circuit Court of Appeals upheld water obstruction and encroachment permits issued by the Pennsylvania Department of Environmental Protection (PADEP) for an interstate gas pipeline project. Among other things, the court's opinion found that PADEP had not arbitrarily or capriciously disregarded a "compression alternative," which would have increased the amount of gas transported through existing pipelines. As in a related case involving an approval for the project granted by the U.S. Army Corps of Engineers, the Third Circuit upheld PADEP's determination that the compression alternative would result in other significant adverse effects on the environment. The court noted that an alternatives analysis prepared by the pipeline's developer had found that a compressor station would result in light pollution and noise impacts, and might become a source of greenhouse gas emissions.