Coalition Hails Third Circuit Decision Overturning NESE Pipeline Approvals, Calls on Governor Sherrill to Permanently Kill Unnecessary Project

The federal Third Circuit Court of Appeals today dealt a major victory for the environment by striking down state water quality permits that are required to construct the Northeast Supply Enhancement (NESE) natural gas pipeline — putting a halt to the expensive and unnecessary project.

Last fall, a coalition of nonprofits filed suit against the New Jersey Department of Environmental Protection (DEP) for unjustifiably approving the water quality certification for the NESE pipeline after previously rejecting the project for violating state water quality standards. The Court’s decision today vacated the wrongfully issued certification, removing a key approval needed to build the pipeline through New Jersey waters.

The NESE pipeline is a dangerous, unnecessary Williams Transco fossil fuel expansion project that would not even serve New Jersey consumers. Instead, our working families and local businesses would be forced to bear the financial risks, environmental degradation and safety threats of a project designed to ship gas elsewhere. From dredging up toxic chemicals in the Raritan Bay to placing a massive compressor station in Franklin Township, NESE has always been a recipe for disaster.

The Eastern Environmental Law Center (EELC) is a nonprofit, public interest environmental law firm that filed the lawsuit on behalf of New Jersey LCV Ed Fund, NY/NJ Baykeeper, Princeton Manor Homeowners Association, Central Jersey Safe Energy Coalition, Food & Water Watch, and Sierra Club.

“NJDEP can’t approve NESE and sort out the details later. The court saw that, and we're glad it did. Our waters and communities shouldn’t have to pay the price for an unnecessary fossil fuel expansion project that will only harm New Jersey,” said Chris Miller, Executive Director of Eastern Environmental Law Center.

“Today’s ruling by a federal appeals court is a monumental victory for New Jersey’s environment, public safety and working families who are tired of paying higher prices to further enrich billionaire oil and gas executives,” said Allison McLeod, Interim Executive Director, New Jersey LCV. “The court recognized what communities across Central Jersey and the Shore have argued for years — the state failed to prove that this pipeline could be built without stirring up toxic pollution in our waters.”

"This legal victory slaps down NJDEP for its arbitrary issuance of a water quality certificate and lack of transparency", said Greg Remaud, NY/NJ Baykeeper. "Now it is time for Governor Sherrill to finally stand up for the environment and end the NESE pipeline."

“The Sierra Club celebrates today’s major decision by the Third Circuit Court of Appeals to vacate the NJDEP’s water quality certification for Williams Transco’s dirty NESE project. This fossil fuel project was set to destroy acres of coastal wetlands and freshwater ecosystems, dredge up toxic chemicals from the Raritan Bay superfund site, and permanently harm the surrounding wildlife and their habitat. New Jerseyans have fiercely opposed this pipeline, repeatedly expressing these concerns,” said Anjuli Ramos-Busot, New Jersey Sierra Club Director. “The water permit should not have been granted, and we are glad the court was able to see right through it and has put the concern of the people over the interest of corporate polluters who are set on making a buck regardless of the risk.”

"Princeton Manor Homeowners' Association applauds the Third Circuit Court of Appeals decision to vacate the Water Quality Permits issued by NJDEP to Williams Transco for NESE last November.  NJDEP and Governor Sherrill now have the opportunity to re-evaluate this project and come to the same conclusion that it did twice (in 2019 and 2020) when the application for these permits were rejected," said Ron Waetzman, Secretary of the Board of Directors of the Princeton Manor Homeowners Association.

"For years, the people of New Jersey have fought this dirty, dangerous, and unnecessary pipeline project.  When the water quality certificate was denied in 2019, that should have been the end of it.  But in the final months of the Murphy administration, the NJDEP rushed to grant critical approval through a flawed process.  We are pleased to see the Third Circuit Court of Appeals has reversed this bad decision by NJDEP, and those of us fighting for clean air, clean water, and a livable climate will continue to oppose this dirty gas pipeline until we win once and for all," said Charlie Kratovil, Central Jersey Organizer at Food & Water Watch.

"Our thanks to the Third Circuit Federal Appeals Court, and to EELC and NRDC and all their supporters, for yet another rejection of the NESE project!" said Kevin Corcoran, President of Central Jersey Safe Energy Coalition.

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