U.S. Court of Appeals for the Third Circuit
Natural Resources Defense Council Inc v. New Jersey Department of Environmental Protection
September 8, 2026
Summary
The Third Circuit vacated New Jersey's Water Quality Certification for Transcontinental Gas Pipe Line's Northeast Supply Enhancement Project, finding the agency acted arbitrarily and capriciously by approving the certification before finalizing essential monitoring and adaptive management plans and by failing to adequately explain compliance with state water quality standards; the court also rejected the claim that the agency arbitrarily reversed its earlier denial.