3rd Circuit Denies Rehearing; NESE Pipeline Timeline Now at Risk

Last week, the full U.S. Court of Appeals for the Third Circuit said "no thanks" to Williams' request to reconsider its September ruling that tossed out New Jersey's water permit for the Northeast Supply Enhancement (NESE) pipeline project. The October 22 order (embedded below) means NESE's New Jersey water quality certification (WQC) stays vacated (i.e., canceled), and the whole matter goes back to the New Jersey Department of Environmental Protection (NJDEP) for a do-over. And here's what caught our eye: Williams no longer says the ruling won't affect its schedule. In its rehearing petition, the company admitted the loss "will delay construction" in New Jersey and could jeopardize NESE's November 1, 2027 in-service date. So what happens now? Let's walk through it.

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