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.
Continue reading

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.
Continue reading

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.
Continue reading

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.
Continue reading

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