SEPTEMBER 2, 2020 DEADLINE!

PennEast filed yet another application with FERC on January 30, 2020 proposing that half the project be built in 2021 up to mile marker 68 (from Luzerne to Northampton Counties in PA), and that Phase 2 be built later in Bucks County and in NJ if they can ever get approvals.  

On August 3, 2020, FERC released their Environmental Assessment (“EA”) of the project.  We have until September 2, 2020 to comment on this.  It is vital that the community weigh in and let FERC know how incredibly bad, inconsistent, and inaccurate this EA is.

FERC Docket: CP20-47-000

How To Comment on the August, 2020 FERC Environmental Assessment

The following link contains instructions on how to physically comment to FERC.

Instructions on how to comment on the FERC docket

TOPICS

Here are some of the many issues that we have found wrong with the EA that you may wish to comment on.

1. FERC does not point out flaws in the Purpose and Need Statement.  The parrot back that the Purpose and Need is simply that they have subscribers for the project, and fail to mention that PennEast is intentionally hiding the real purpose.
2. FERC does not mention that half the pipeline is unsubscribed.  
3. FERC does not mention that the 4 woeful contracts are with PennEast affiliates.  Not a single 3rd party has signed on to the project.
4. FERC fails to address why the Hellertown Lateral in PA is not included in the EA.  
5. FERC fails to address the fact that NJR Energy Services and UGI Energy Services are skipping out on a combined 100,000 dekatherms/day commitment in PA from the original project.
6. FERC does not investigate how the NJ affiliates who have contracted for gas volumes will receive gas from Phase 1.  This is a problem because Phase 1 never enters NJ.
7. The 30 day comment period is insufficient in the time of covid-19.  People need more time to assess this given the difficulties of working from home.
8. The EA improperly focuses only on the Church Road interconnects.  Given that PennEast lacked survey data in the first certificate application, it now has new information where it can more accurately assess environmental impacts beyond desktop surveys.
9. The EA assumes Phase 2 is unchanged from the Certificated application.  This is false, as PennEast has signaled changes at the Hellertown Lateral due to the Phase 1 changes.
10. FERC fails to ask about Phase 2 purpose and need.  Given that Phase 1 has some of the same shippers as the original route, FERC must demand shipper details for Phase 2.
11. FERC fails to acknowledge the jurisdiction of the DRBC.
12. The EA states that it has addressed commenters concerns during the scoping period in the EA.  It does not.
13. FERC must determine that a new EIS is required.  Based on the changes in purpose and need, a new EIS must be prepared so that the Commission can properly assess impacts vs. purpose and need.

Link to 8/3/2020 Environmental Assessment

FERC Environmental Assessment, (8/3/2020

FERC Notice of Comment Period on Environmental Assessment (8/3/2020)

ONLY 1 MORE DAY! Intervene and comment on the new docket!

Show PennEast and FERC that we’re still here fighting! After losing their eminent domain court case against the State of New Jersey, PennEast has a new strategy. They want to begin building the pipeline in PA as Phase 1 and then use that to muscle through a Phase 2 project in NJ.   We must STOP PennEast in PA now before it tries to get here! PennEast is hoping that NJ residents won’t pay close attention to this and so, once again, we need to get as many people as possible to file as intervenors to show them that we aren’t going away! Filing as an intervenor is also the best way to safeguard your legal standing in this matter. In addition to telling FERC this project impacts you, you can say: 1. Tell FERC that this latest PennEast application needs to be submitted as an entirely new project and not just an amendment. 2. Tell FERC that basic shipper information needs to be made public and not kept secret – as is ALWAYS the case! Remember, adult children, friends and relatives who are concerned about this project’s impacts (higher gas prices, threats to our water, etc.) can intervene. Instructions for how to file as an Intervenor on the FERC website for the new PennEast Docket CP20-47 can be found here. If you filed as an Intervenor on a previous docket, you can use the same account to file for this one. If you need assistance, let us know – we can help! Feel free to post on social media.

PennEast has filed its petition with the Supreme Court to fight the 3rd circuit ruling that said they did not have the authority use eminent domain take state lands. We’ll see if the Supreme Court takes up the case and will keep you posted.

PennEast has announced that they will appeal to the United States Supreme Court by the early February deadline. In an attempt to have the court reverse the recent 3rd circuit decision that ruled against PennEast in favor of the State of New Jersey, PennEast will be petitioning the court to review the 3rd Circuit decision that disallows PennEast from suing the sovereign State of New Jersey for state owned lands.
Over the last five years, we have traveled a very long road fighting this unneeded, environmentally disastrous, and obsolete pipeline. It is gratifying that PennEast has to appeal to the highest court in the land to try to save their failing project. Remember, this is just one hoop they have to jump through. PennEast still has the NJDEP permitting process ahead as well as DRBC permitting, and there is a case filed in the DC Circuit court against FERC (disputing need) filed by Hopewell Township, NJCF, The Watershed Institute, Halt, DRN, and others that is yet to be heard. PennEast – and let’s call them who they are – New Jersey Resources, South Jersey Industries, Elizabethtown Gas, UGI, Enbridge should pack up their tent and call it a day. They are not wanted. https://www.nj.com/news/2019/11/penneast-seeking-supreme-court-review-of-nj-pennsylvania-pipeline.html

Today we had a great victory! 
The state of New Jersey won in the 3rd circuit court of appeals against PennEast! (see attached decision) The court decision stated that PennEast, a private company, does not, under the 11th amendment, have the authority to file for eminent domain against a sovereign state. Only the federal government has that authority.  Please read on for the HALT summary.  And ENJOY today’s victory!  The fight may not be over, but this win feels very good!

From Our Friends at HALT:

Today the 3rd Circuit of the U.S. Court of Appeals ruled in favor of the NJ Attorney General’s appeal of the lower court ruling granting PennEast the right to access and seize over 40 properties preserved by the state.  The court ruled that the state has sovereign immunity under the 11th Amendment of the Constitution and can’t be sued by a private company in federal court.  The ruling means that PennEast no longer has any authority over these properties. This is a great victory for all of the homeowners who stood strong against condemnation of their lands, encouraging the Attorney General to take the same stance.  While it is unclear what might happen next, this is a significant blow to PennEast’s efforts to advance the project. PennEast could appeal the decision to the Supreme Court, seek to have FERC condemn state lands on their behalf, or possibly try to re-route the project around state-preserved lands. We will share more information as we have it, but should all celebrate this important court victory in the meantime.

This is what we’ve all been waiting for. The chance to shut down this pipeline down at the NJDEP once and for all with facts and science at our backs! We are waiting for the official comment period to begin once the application is posted in the NJDEP bulletin. In the meantime, brush off your old FERC comments and start reading the application:

https://www.nj.gov/dep/penneast/application.html?fbclid=IwAR2Q3WU7cKQflslV4ng_0PEYEPyysHdsQ1T_n2UatAPzduXfJadJMQKct4I

Arguments have just begun in the DC Court of Appeals.  The State of NJ has offered arguments stating that PennEast, a privat company,  does not have the right to use eminent domain against state held lands.  Other plaintiffs, including NJCF, The Watershed Institute, HALT, The Delaware Riverkeeper Network, and Hopewell Township, are invovled in the DC COurt of Appeals case challenging the FERC decision of need and public interest.  To stay current and follow the lasted news, got to ReThink Energy NJ

Results of regional petition opposing proposed 118-mile PennEast natural gas pipeline announced

By Frank Mustac, Special Writer

CentralJersey.com, Wednesday, May 11, 2016 — Hopewell Township Mayor Kevin Kuchinski was among a group of bipartisan elected officials who joined conservation leaders and citizens’ groups at the State Capitol in Trenton on Tuesday, morning May 10 to announce the results of a regional petition opposing the proposed 118-mile PennEast natural gas pipeline.

The petition received more than 8,000 signatures from citizens across 2,000 zip codes in New Jersey and Pennsylvania, according to the Hopewell Township Citizens Against the PennEast Pipeline. The non-profit organization was also represented at the event held on the steps of the State House in Trenton. More