3rd Circuit Vacates NJ Water Permit for NESE Pipeline Project
Big Green scored a win yesterday — but not the win they’re telling you they got. On Tuesday, September 8, a three-judge panel of the U.S. Court of Appeals for the Third Circuit vacated the Clean Water Act Section 401 water quality certification (WQC) that the New Jersey Department of Environmental Protection (NJDEP) issued last November for Williams/Transco’s Northeast Supply Enhancement (NESE) project — the $1 billion, 400,000 Dth/d expansion that carries Marcellus gas from Pennsylvania, across New Jersey, under Raritan Bay, and into New York City (see Trump Won: New York & New Jersey Issue Water Permits for NESE Pipe and Radicals Sue NY, NJ to Block NESE Pipeline Water Permits). Read the opinion closely, though, and the court flatly rejected the radicals’ headline argument. It did find, however, that NJDEP wrote a sloppy permit and didn’t show its work. The pipeline isn’t dead. The paperwork is. Read More “3rd Circuit Vacates NJ Water Permit for NESE Pipeline Project”
West Virginia has sued the Pennsylvania Public Utility Commission in federal court, arguing that two Pennsylvania laws — Act 40 of 2017 and Act 114 of 2020 — built a wall around the state’s “alternative energy credit” market and locked out every power producer outside Pennsylvania’s borders. West Virginia Attorney General JB McCuskey filed the 54-page complaint on September 3 in the U.S. District Court for the Middle District of Pennsylvania, and here’s the kicker: the PUC’s own annual report, published seven months earlier, told the legislature that these very rules needed a second look. 
A federal judge in Knoxville has thrown out the environmental review behind the Tennessee Valley Authority’s $2.5 billion Kingston gas plant — and almost nobody has seen the ruling, because it’s sealed. We pulled the public docket and found the whole story hiding in TVA’s own court filings. On August 31, U.S. District Judge Curtis L. Collier granted partial summary judgment to Appalachian Voices, the Center for Biological Diversity, and the Sierra Club, represented by the Southern Environmental Law Center. The judge vacated TVA’s Environmental Impact Statement (EIS) and Record of Decision (ROD) for the plant, which is replacing nine coal units at the old Kingston Fossil Plant in Roane County, Tennessee — the site of the infamous 2008 coal ash spill. 
For four years, the province of Québec has had one answer for the drillers whose mineral rights it seized: see you in court. Last week that changed — a little. Questerre Energy announced it has signed a mediation protocol with Québec’s Attorney General and the province’s Ministry of the Economy, Innovation and Energy, agreeing to sit down at a table and talk. Longtime MDN readers know the backstory. Québec sits on top of a big slice of the Utica Shale — yes, the same Utica that runs under Ohio, West Virginia and Pennsylvania. 
OTHER U.S. REGIONS: D.C. gas ban gets favorable hearing in federal appeals court; NATIONAL: U.S. natural gas retreats as weather set to cool down; End of life oil and gas wells in the United States – practical and legal issues; INTERNATIONAL: Brent nears $100 on Mideast strikes; Enbridge names Harradence CEO, Ebel retires Jan. 1, 2027.