US Supreme Court Shows Interest in Taking PennEast Pipe Case

We see a very positive sign that the U.S. Supreme Court is potentially interested in accepting and ruling on a case of tremendous importance to the oil and gas industry. The case is PennEast Pipeline v State of New Jersey. NJ is attempting to block the PennEast project by denying it access to run across tracts of land either owned or controlled by the state, claiming federal eminent domain authority does not apply to state-owned land. NJ won the case in lower courts and PennEast appealed it all the way to the Supremes, who have now taken an active interest. No, they haven’t officially accepted the case…yet. But they have just signaled a strong interest.
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Antis Gang Up on PennEast Pipe, Bombard FERC Demanding New Review

Leftist anti-fossil fuelers (nutters all) have worked themselves into a frenzy with a new campaign to bombard the Federal Energy Regulatory Commission (FERC) with requests and demands to begin all over again in its review of the PennEast Pipeline project. Last week MDN told you about the Delaware River Basin Commission’s haughty demand that it be given the right to review and pass judgment on the project before construction begins (see DRBC Oversteps Authority, Says It Must Approve PennEast). In addition to DRBC, the New Jersey Dept. of Environmental Protection (NJ DEP) has also requested FERC redo its review. And those two agencies have somehow prompted the Trump Environmental Protection Agency (EPA) to make its own request that FERC redo its environmental assessment for the project.
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DRBC Oversteps Authority, Says It Must Approve PennEast

The Delaware River Basin Commission (DRBC) has been co-opted by Big Green groups to do their bidding. The latest example is a letter sent by DRBC to the Federal Energy Regulatory Commission (FERC), arrogantly telling FERC that the DRBC has the power to review the PennEast Pipeline project–to pass judgment on whether or not (and how) it gets built. That authority lies SOLELY with FERC.
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Riverkeeper/CAC/PennFuture Make the Case for PennEast & Adelphia

After we picked ourselves up off the floor from laughing so hard, it dawned on us the far-left radicals at THE Delaware Riverkeeper, Clean Air Council and PennFuture have done both the PennEast Pipeline and Adelphia Gateway pipeline projects a HUGE beneficial service. Those three nutty groups commissioned and have just released a new “study” (copy below) that uses data to show PennEast and Adelphia together, WHEN (not if) they get built, will mean that PA drillers have to drill and connect another 1,913 to 3,061 new shale wells to feed them. Well duuuh! Of course it means that!! And that’s a GREAT thing for all of PA. More economic stimulus. More jobs. More tax revenues flowing to local municipalities. (Do these groups know they’ve just handed us a new argument in favor of these pipelines?)
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EEIA Files Brief with U.S. Supreme Court Supporting PennEast Case

The Energy Equipment and Infrastructure Alliance (EEIA), a non-profit representing people and businesses who work in the energy infrastructure supply chain, filed an “amicus curiae” (friend of the court) brief in support of PennEast Pipeline’s request to get the U.S. Supreme Court. PennEast has asked the Supremes to overturn a lower court decision that allows states like New Jersey to usurp federal authority by blocking PennEast, a FERC-approved pipeline.
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Antis Push Back Against PennEast Pipe Plan to Build in 2 Phases

In January PennEast Pipeline, a $1.2 billion new greenfield pipeline project from Luzerne County, PA to Mercer County, NJ, asked the Federal Energy Regulatory Commission (FERC) for permission to break the project into two phases (see PennEast Asks FERC to Break Pipeline Project into 2 Phases). The pipeline wants to build Phase One in Pennsylvania, and later on (after lawsuits are finished), build Phase Two in New Jersey. Of course, antis are flooding FERC with objections to the plan hoping to keep the project from ever getting built.
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FERC Grants PennEast Pipeline Another 2 Years to Get Built

The companies behind PennEast Pipeline, a $1.2 billion greenfield pipeline project from Luzerne County, PA to Mercer County, NJ, have not given up on the long-delayed project–delayed mostly due to opposition from Big Green groups and their abuse of our court system to block the project. PennEast recently filed an appeal with the U.S. Supreme Court over the issue of using eminent domain powers to cross land owned or controlled by the State of New Jersey. Since the original Federal Energy Regulatory Commission (FERC) certificate authorizing construction of the project expired on Jan. 19, 2020, PennEast asked FERC to extend it another two years (see PennEast Pipe Still Hopeful, Asks FERC for 2-Year Extension).
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DRBC Miffed that PennEast Withdrew Application for Permission

Yesterday we received a somewhat strange note from the Delaware River Basin Commission. We’re subscribed to receive communications from the DRBC relating to the PennEast Pipeline project. The DRBC note says that PennEast has withdrawn their application seeking permission from the DRBC to use or discharge water from the basin during the construction of the pipeline project. DRBC doesn’t quite know what to make of the request and says they are “currently reviewing the letter” and have “no additional comment at this time.” Oooo…chilly.
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FERC Gives PennEast Huge Boost – Pipeline CAN Cross NJ State Land

Yesterday the Federal Energy Regulatory Commission (FERC) handed the PennEast Pipeline project a huge victory in its fight to overturn a poor decision by the U.S. Court of Appeals for the Third Circuit. FERC said the judges of the Third Circuit were wrong in their ruling that PennEast cannot use FERC’s delegated power of eminent domain to cross property owned or managed by the State of New Jersey. The FERC ruling bolsters PennEast’s appeal to the U.S. Supreme Court, making it far more likely the high court will now hear the case.
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PennEast Asks FERC to Break Pipeline Project into 2 Phases

With the big news about Federal Energy Regulatory Commission’s (FERC) support of the PennEast Pipeline project, FERC ruling the pipeline CAN cross New Jersey state-controlled lands using eminent domain (see today’s lead story), another important bit of PennEast news from yesterday seems to have gotten lost in the sauce. PennEast filed a request yesterday with FERC to build the pipeline project in two phases. Break the project in two.
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FERC Delays Action on PennEast Pipe Eminent Domain Ruling

There have been a number of twists and turns for the PennEast Pipeline project, a $1.2 billion new greenfield pipeline project from Luzerne County, PA to Mercer County, NJ. The project has not yet moved one shovel of dirt due to ongoing delays from lawsuits by (disgusting) Big Green groups and their colluders, mainly the Democrats who now run the state of New Jersey. Here’s one more twist–the Federal Energy Regulatory Commission (FERC) delayed weighing in on a request by PennEast for help regarding clarification on the use of eminent domain.
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THE Dela. Riverkeeper Tries to Shame FERC to Reject PennEast Pipe

Last week three Big Green groups–the New Jersey Conservation Foundation, The Watershed Institute, and THE Delaware Riverkeeper–asked the Federal Energy Regulatory Commission via a joint letter to not issue an extension to the PennEast Pipeline, long-delayed largely because of those groups’ ongoing lawsuits (see Big Green Groups Ask FERC to Deny PennEast Pipe More Time). Two days later THE Delaware Riverkeeper sent a followup letter to FERC to make “further comments” bashing PennEast.
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Big Green Groups Ask FERC to Deny PennEast Pipe More Time

The companies behind PennEast Pipeline, a $1.2 billion new greenfield pipeline project from Luzerne County, PA to Mercer County, NJ, have not given up on the long-delayed project. As we told you in November, PennEast plans to file an appeal to the U.S. Supreme Court (on Feb. 3) to overcome a lower court ruling that prevents PennEast from using eminent domain in New Jersey for some of the route (see PennEast Pipe to Appeal Bungled Fed Court Decision to US Supremes). Since the original Federal Energy Regulatory Commission (FERC) certificate authorizing construction of the project expires on Jan. 19, 2020, PennEast asked FERC to extend it another two years (see PennEast Pipe Still Hopeful, Asks FERC for 2-Year Extension). Three Big Green groups have filed an objection, asking FERC to kill the project now.
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PennEast Pipe Still Hopeful, Asks FERC for 2-Year Extension

The companies behind PennEast Pipeline, a $1.2 billion new greenfield pipeline project from Luzerne County, PA to Mercer County, NJ, have not given up on the long-delayed project. As we told you in November, PennEast filed will file an appeal to the U.S. Supreme Court (on Feb. 3) to overcome a lower court ruling that prevents PennEast from using eminent domain in New Jersey for some of the route (see PennEast Pipe to Appeal Bungled Fed Court Decision to US Supremes). Apparently the builders believe they have at least something of a chance to get the Supremes to review the case because PennEast has just asked FERC to extend the deadline to build.
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Lack of PennEast Pipe Costing PA/NJ Ratepayers $ Billions

Delays in building new pipelines, like the PennEast Pipeline, have real, tangible costs for natural gas customers. In the case of PennEast, natgas customers in southeastern Pennsylvania and New Jersey are paying billions in higher gas costs because PennEast is not yet built. Even worse, there’s a looming shortage coming in New Jersey.
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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.
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