PennEast Pipe to Appeal Bungled Fed Court Decision to US Supremes

In September, the U.S. Court of Appeals for the Third Circuit issued a precedent-setting decision that disallows PennEast Pipeline from using the federally-delegated power of eminent domain to cross properties either owned by, or with easements granted to, the state of New Jersey (see Federal Court Rules PennEast Pipe Can’t Run Thru NJ State Land). PennEast asked the full court (all of the judges) to rehear the case, which they refused (see Fed Court Refuses to Reconsider PennEast Bad Decision – Now What?). We outlined two possible options for PennEast’s next move, one of them an appeal to the U.S. Supreme Court. PennEast chose that option yesterday.
Continue reading

Fed Court Refuses to Reconsider PennEast Bad Decision – Now What?

This is a huge disappointment. In September, the U.S. Court of Appeals for the Third Circuit issued a precedent-setting decision that disallows PennEast Pipeline from using the federally-delegated power of eminent domain to cross properties either owned by, or with easements granted to, the state of New Jersey (see Federal Court Rules PennEast Pipe Can’t Run Thru NJ State Land). PennEast asked the full court (all of the judges) to rehear the case (see PennEast Asks Full 3rd Circuit to Reconsider Bad Decision). The full court just refused. What now?
Continue reading

Gas Groups File “Friend of Court” Brief for PennEast Pipeline Appeal

In September, the U.S. Court of Appeals for the Third Circuit issued a precedent-setting decision that disallows PennEast Pipeline from using the federally-delegated power of eminent domain to cross properties either owned by, or with easements granted to, the state of New Jersey (see Federal Court Rules PennEast Pipe Can’t Run Thru NJ State Land). It is not hyperbole to state that the decision has the power to shut down all future pipeline development in liberal states like New Jersey, New York, Massachusetts and other locations. We’re not the only ones saying so.
Continue reading

PennEast Pipe Rejection May Lead to Service Denials & Blackouts

New York Gov. Andrew Cuomo followed a blindly stupid political philosophy of anti-fossil fuelism by blocking the Northeast Supply Enhancement (NESE) pipeline, with tragic consequences–thousands of potential natgas customers who cannot connect to the local utility. Is New Jersey heading for the same scenario under Gov. Phil Murphy? If the state rejects the PennEast Pipeline, that answer is a resounding YES. We’ve seen this movie before.
Continue reading

PennEast Asks Full 3rd Circuit to Reconsider Bad Decision

The stakes are about as high as it gets: “The immediate disruption of the natural gas industry,” says PennEast Pipeline. We’re referring to a terrible decision in September by the U.S. Court of Appeals for the Third Circuit that disallows PennEast from using the delegated power of eminent domain to cross properties either owned by, or with easements granted to, the state of New Jersey (see Federal Court Rules PennEast Pipe Can’t Run Thru NJ State Land). Earlier this week PennEast asked the Third Circuit to reconsider the decision, this time with all of the judges reviewing and voting instead of just three.
Continue reading

Corrupt NJ DEP Again Denies PennEast Pipeline Fed Water Permit

How would you like to find out that your billion dollar pipeline project has just been denied another permit–by getting a tweet? That’s what happened to PennEast Pipeline on Friday. New Jersey Governor Phil Murphy tweeted that NJ’s Dept. of Environmental Protection (DEP) is, once again, denying a federal Clean Water Act Section 401 stream crossing permit for the project. The putz delivered the news to PennEast via a tweet–can you believe that? The NJ DEP is rejecting the permit not for any scientific reasons, which is what the law stipulates, but because of politics.
Continue reading

NJ Congress Members Ask FERC to Shut Down Work on PennEast Pipe

Two Members of Congress from the New Jersey delegation–Tom Malinowski and Bonnie Watson Coleman (both liberal Democrats)–are calling on the Federal Energy Regulatory Commission (FERC) to issue a “stop-work” order for the PennEast Pipeline project. Not that any real work to build it has even begun! The lib Dems say because of the recent ruling in the U.S. Court of Appeals for the Third Circuit, the entire project should be shut down and mothballed.
Continue reading

PennEast Pipe Asks FERC for Help in Overcoming Bad Court Decision

In September MDN brought you news of the U.S. Court of Appeals for the Third Circuit ruling that disallows PennEast Pipeline from using the delegated power of eminent domain to cross properties either owned by, or with easements granted to, the state of New Jersey (see Federal Court Rules PennEast Pipe Can’t Run Thru NJ State Land). We expressed our concerns that this ruling, which sets a precedent, may result in new pipeline projects in lefty states (like NY, NJ, MD, CA, etc.) getting blocked. Turns out we were not the only ones concerned (see Worst Fears May Come True with PennEast Pipeline Court Decision). PennEast has come up with a novel way to fight back against the court’s bad ruling: Ask FERC for help.
Continue reading

Riverkeeper Frustrated as D.C. Circuit Stops PennEast Pipe Lawsuit

It’s hard to keep track of the multiple lawsuits filed against every single new natural gas pipeline project in the Marcellus/Utica. But we try! Take the PennEast Pipeline, for example. PennEast is a $1 billion (or $1.2 billion, depending on the source) new greenfield pipeline project from Luzerne County, PA to Mercer County, NJ. PennEast will flow PA Marcellus gas to markets in NJ. The project has faced numerous lawsuits and regulatory blockades, much of it in NJ. There are two different lawsuits of current interest, with one affecting the other.
Continue reading

PA Town Passes Ordinance Blocking Pipelines Near Appalachian Trail

Nice try, but no cigar for Plainfield Township in Northampton County. The Plainfield Board of Supervisors last week passed a new zoning ordinance that prevents pipelines (and cell phone towers, and solar farms, and wind mills, and and and) from being built near or under the 1.5 miles of the Appalachian Trail as it passes through their township. Thing is, when it comes to pipelines (like PennEast Pipeline) that are federally regulated, Plainfield can’t stop it. Their ordinance isn’t worth the paper it’s written on.
Continue reading

Worst Fears May Come True with PennEast Pipeline Court Decision

Yesterday MDN brought you news of the U.S. Court of Appeals for the Third Circuit ruling that disallows PennEast Pipeline from using the delegated power of eminent domain to cross properties either owned by, or with easements granted to, the state of New Jersey (see Federal Court Rules PennEast Pipe Can’t Run Thru NJ State Land). We expressed a grave fear that this ruling, which sets a precedent, may result in new pipeline projects in lefty states (like NY, NJ, MD, CA, etc.) getting blocked. Turns out we’re not the only ones who believe that may happen.
Continue reading

Federal Court Rules PennEast Pipe Can’t Run Thru NJ State Land

Well, score a victory for the forces of evil. Sometimes Darth Vader wins–that’s life. Yesterday the U.S. Court of Appeals for the Third Circuit ruled that PennEast Pipeline cannot use the power of eminent domain to “condemn” (take possession of) land that is owned or otherwise controlled by the State of New Jersey because it violates the Eleventh Amendment of the U.S. Constitution. According to the judges, the Eleventh Amendment says states have sovereign immunity from such actions.
Continue reading

NJ Falsely Claims PennEast Pipe Application Incomplete…Again

Taking a chapter from the corrupt New York Dept. of Environmental Conservation (a political tool of NY Gov. Andrew Cuomo), the New Jersey Dept. of Environmental Protection (NJ DEP) is trying to run out the clock on the PennEast Pipeline by telling the project that its latest (now second) application for a federal “401” water crossing permit is “incomplete” and therefore they won’t even consider it. It’s a political move by a corrupt state agency–done at the request of Democrat Gov. Phil Murphy.
Continue reading

PA DEP Close to Issuing Final Permits for PennEast Pipe

Some 77 miles of PennEast Pipeline’s $1 billion, 120-mile primarily 36-inch underground pipeline is slated to run through Pennsylvania. The rest runs through New Jersey. In February of this year the PA Dept. of Environmental Protection (DEP) published draft versions of Erosion and Sediment Control Permits for the project. Just one teeny tiny problem: The DEP screwed up the application number in their official posting in the PA Bulletin. So the DEP has just republished their intent to issue the permits–very soon–in the latest PA Bulletin.
Continue reading

PennEast Pipe – A Study in Rationality vs. Irrationality

Last Wednesday MDN told you that PennEast Pipeline, a $1+ billion new greenfield pipeline project from Luzerne County, PA to Mercer County, NJ, was close to resubmitting an application for the project with the New Jersey Dept. of Environmental Protection (see PennEast Pipe Readies Revised NJ Freshwater Wetlands Permit). The very next day, on Thursday, PennEast filed the reworked application. An article chronicling the new application is instructive in the pipeline debate–pointing out the positions of those in favor and those against.
Continue reading

PennEast Pipe Readies Revised NJ Freshwater Wetlands Permit

PennEast Pipeline is a $1 billion (or $1.2 billion, depending on the source) new greenfield pipeline project from Luzerne County, PA to Mercer County, NJ. PennEast will flow PA Marcellus gas to markets in NJ. The project has faced numerous lawsuits and regulatory blockades, much of it in NJ. We won’t recount all of the ins and outs. What we will tell you is that PennEast is about to overcome another such government blockade by submitting a new Freshwater Wetlands Permit application to the NJ Dept. of Environmental Protection (DEP).
Continue reading