NJDEP Request a Stay of the Order Pending FERC’s PennEast Approval

NJDEP and different agencies request a stay of the Order pending FERC’s final disposition of NJDEP’s Rehearing Request, to continue during the pendency of any tolling order FERC may issue. Specifically, NJDEP requests a stay of the authority to permanently condemn property interests in New Jersey. While other Administrations have opposed pipelines, this is the first time we have acted on it at FERC. In late January, FERC issued a Conditional Certificate of Necessity and Convenience for the pipeline. PennEast is still missing many important permits they need to build their dangerous and damaging project. The PennEast Pipeline is 110-mile pipeline that will bring natural gas from the Marcellus Region of Pennsylvania through Hunterdon and Mercer Counties in New Jersey. The pipeline will be cutting through communities, preserved open space, and farmland.

“New Jersey took an important step forward in the battle against PennEast Pipeline. The state has challenged FERC’s decision on PennEast. This is critical in maintaining our rights and fighting this dangerous and damaging pipeline. This is the first Governor to ask FERC to reconsider a pipeline approval and taking action against their decision. It’s important that New Jersey is standing up for its people and environment by issuing this rehearing request with FERC. The PennEast Pipeline threatens the open space, farmland, and drinking water for too many people,” said Jeff Tittel, Director of the New Jersey Sierra Club. “We want to thank the NJDEP and other agencies for taking this important step forward in fighting PennEast. We will continue to organize to stop this pipeline that people vigorously approve. PennEast has a long way to go and many permits to get. We won’t stop until we stop this dangerous and unneeded pipeline.”

The state of NJ has sent letter to PennEast that rejects their offer, refuses to let them build on state land and forces them to go to court.  The state Office of the Attorney General said that has not provided sufficient information to support its offer. There are 16 parcels in the state’s Green Acres program that are affected. The state also said that the Feb. 5 deadline to accept the offer was not a reasonable amount of time to consider the offers or engage in meaningful negotiations.

“By filing this motion, it allows New Jersey to potentially appeal the FERC approval in court. It’s important because it allows us to challenge the pipeline at a legal level. The PennEast Pipeline threatens the open space, farmland, and drinking water for too many people. Their approved application is not only flawed, but full of false and missing information, making their approval even more shameful. Their application for New Jersey permits were thrown out and other permit applications ruled deficient,” said Jeff Tittel. “New Jersey is fighting back against them trying to take our land. PennEast has a lot of nerve to offer easements to buy state projected land needed for the construction of its natural gas pipeline. The open space programs and the NJDEP are stepping up against PennEast. DEP saw through PennEast’s bluff and buster to push this project through. This shows that our work to fight this pipeline for the past three years have been working.”

Last week, Penneast Pipeline company has sent 100’s of letters to Hunterdon County homeowners suing them for eminent domain. Homeowners would have to sign an easement giving away their rights to their land to PennEast or they should to court to fight to fight them so that the judge can limit Penneast’s ability to get on their property. The judge will only grant them PennEast access for survey only.

“It’s outrageous that PennEast are suing to people to scare them into signing an easement to give away their rights. The reason why PennEast is suing them is because 70% of landowners would not them on their property. If homeowners give PennEast easement, they will lose their rights on a portion their land. They are better off fighting them in court to delay them and limit their ability to just do survey work on their land,” said Jeff Tittel. “It’s shameful that FERC can approve a pipeline without even applications for state or federal permits. FERC is the ‘Federal Expedited Rubberstamp Commission’.”

Besides missing their state and federal permits, PennEast still does not have approval from the Delaware River Basin Commission (DRBC). PennEast’s application process to the DRBC could take up to a year and if rejected the DRBC could help stop the pipeline. The application states they plan to discharge or withdrawal over 45 million gallons of water. It also notes that part of the pipeline would pass through Special Protection Waters of the Delaware River. The DRBC has agreed to hold multiple hearings on the application, none of which have been scheduled yet.

“We are all challenging FERC’s approval of the pipeline because PennEast does not have an application in front of the NJDEP and it could take them over a year to apply. Their previous application was rejected for being deficient. Based on this alone, they should not have been granted a FERC Certificate. They also do not have approval from the DRBC. The reason PennEast has been held up is because of the great job local citizen and activists have been doing. Over 65 percent of the route has yet to be surveyed due to resistance from landowners. That’s why the DEP rejected their water permits, saying there is not enough information for them to evaluate land use permits and their application is deficient.  The DEP’s rejection will delay any Determination of Completeness until next Administration,” said Jeff Tittel.

The PennEast Pipeline violates the Clean Water Act and cannot meet the criteria for Section 404 permits. In addition, because of the large number of high-quality streams, wetlands, and rivers the pipeline would cross, we believe that this pipeline cannot meet the requirement for a Section 401 Water Quality Permit. Many of these streams carry anti-degradation criteria. The route will cut through areas with steep slopes, further exacerbating siltation and runoff. Until they receive these important permits, including the 401 Water Quality Certificate, they cannot be allowed to proceed.

“We now have a new Governor that is willing to stand up to FERC and the pipeline companies who want to threaten our communities and drinking water. The PennEast Pipeline would threaten the entire Valley including 91 acres of wetlands and over 44 miles of forest; over 1,600 acres’ total. This is a serious project that will affect many people on both sides of the river.  The Christie Administration has weakened important rules and regulations such as the Flood Hazard Rules. Under the next Governor, we can stop these rollbacks and restore stronger protections for our waterways and environment!” said Jeff Tittel, Director of the New Jersey Sierra Club. “We will stand together to tell PennEast to stay the FERC out of our valley!”