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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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Updates for PennEast & Adelphia Gateway Pipeline Projects

Two important pipeline projects, PennEast and Adelphia Gateway, are at various stages of approval. 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. Adelphia Gateway is an old oil pipeline, already in the ground, that runs from Northampton County, PA through Bucks, Montgomery, and Chester counties, terminating in Delaware County at Marcus Hook. Adelphia will flow Marcellus gas to the Philadelphia region. PennEast was announced in 2014, and Adelphia in 2017. Neither has yet begun construction. What’s the status for each project?
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NJ Using Courts, “Historic” Sites to Block PennEast Pipeline

The anti-drilling zealots that populate the levers of power in New Jersey, along with their colluding Big Green compatriots, continue a holy mission to block PennEast Pipeline, a pipeline the majority of which will get built in Pennsylvania. Anti-pipeline nutters are attacking the project on several fronts, including in the courts, and by claiming the pipeline would affect nine “potential” historic sites along its path through NJ. Will federal courts and regulators fall for the ruse?
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3rd Circuit Court Grants NJ Request to Pause PennEast Pipe

Last December a federal judge in New Jersey upheld eminent domain power for PennEast Pipeline for ALL of NJ, where there are 136 holdout landowners who have refused to allow PennEast surveyors on their property (see Federal Court in NJ Grants PennEast Pipeline Eminent Domain). However, PennEast still isn’t totally out of the woods. The State of NJ appealed the decision because some of the land PennEast wants to build across belongs to the state (see NJ’s Dem AG Lectures Fed Judge re PennEast Eminent Domain).
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Williams Announces Transco Competitor to PennEast Pipe in NEPA

Did Williams just float an alternative/competitive pipeline to PennEast? Sure looks that way to us. On Friday Williams announced a binding open season to add 34 miles of looping pipeline next to existing Transco pipeline along with beefing up some of it’s compressor stations, in a bid to increase flows along the Transco from Luzerne County, PA (where PennEast would originate) to Mercer County, NJ (where PennEast would terminate).
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