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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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
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
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
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.
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
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.
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.
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
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.
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.
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
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.
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.
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.