NJ AG Lies to U.S. Supreme Court re Impacts of PennEast Ruling
On Tuesday, New Jersey Attorney General Gurbir Grewal filed a brief with the U.S. Supreme Court asking the court to not even consider hearing a case involving PennEast Pipeline. Grewal wants to deny the project its day in court. In the brief Grewal outright lies by saying “PennEast is wrong” in its claim that a lower court decision, if allowed to stand, would result in pipeline projects across the country getting blocked. That is a 100% lie and Grewal knows it.
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Delaware River Basin Commission (DRBC) Executive Director Steve Tambini is such a disappointment. He has totally caved to the hard-left environmental lobby that has its hooks deeply embedded in the DRBC. On June 1 Tambini sent a letter that’s, well, embarrassing. He sent the letter to the Federal Energy Regulatory Commission (FERC), telling FERC that the DRBC does have a say in whether or not the PennEast Pipeline can get built–even though not one inch of Phase 1 of the project will traverse DRBC’s jurisdiction.
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.
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
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.
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?)
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.
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
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
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.
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.
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.
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.
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
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
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