The U.S. Supreme Court will not review a Second Circuit decision holding that the New York State Department of Environmental Conservation was justified in denying a Clean Water Act § 401 certification for a proposed natural gas pipeline. Constitution Pipeline, LLC argued that states are abusing their Clean Water Act certification authority to block federally approved interstate pipelines, raising national security concerns. The Court also rejected the North Coast Railroad Authority’s petition to review a California Supreme Court decision holding that federal railroad regulations administered by the Surface Transportation Board preempted the California Environmental Quality Act for privately owned railroads but not for the state-owned North Coast Railroad Authority. It also rejected the Public Service Company of New Mexico’s petition for review of a Tenth Circuit decision that barred the renewal of a right-of-way through land allotted to Navajo Nation tribal members for a high-voltage power line. The Navajo Nation acquired a partial ownership interest in two of the 57 allotted parcels along the right-of-way, blocking renewal of the right-of-way and, the Tenth Circuit ruled, prohibiting condemnation of the parcels. The Public Service Company of New Mexico argued that the Tenth Circuit’s ruling threatened the renewal of many pipeline and power line rights-of-way that will soon expire. The U.S. Supreme Court is still considering a petition to review a Montana Supreme Court decision holding that the Comprehensive Environmental Response, Compensation & Liability Act’s bar on pre-enforcement review does not prohibit state common law tort claims that demand restoration damages that could impose stricter cleanup requirements than those imposed by the Environmental Protection Agency (EPA). The Superfund site at issue is a copper smelter where a company has spent 35 years and $470 million on remediation. Landowners within the site’s boundaries are seeking damages to be placed in a trust account for remedial activities that are more stringent than what EPA has required.