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
A bit of history….On Friday ,February 16th, 2018, the New Jersey Department of Environmental Protection (NJDEP) once again added their voice to our cause, filing a request asking the Federal Energy Regulatory Commission (FERC) to hold a rehearing and issue a stay on the use of eminent domain until that hearing is held.
The NJ Rate Counsel also filed for a rehearing. The NJDEP and the Rate Counsel join over a dozen other parties that have filed requests for a rehearing, including:
- Delaware & Raritan Canal Commission,
- Hopewell Township
- New Jersey Conservation Foundation
- Stony Brook Millstone Watershed Assosciation
- Delaware Riverkeeper Network,
- Sierra Club of New Jersey,
- New Jersey Natural Lands Trust,
- And many Landowners and other townships
After initialing ordering a “tolling order” of these legal requests, FERC denied the rehearing request. That opened the door for the state of NJ and plaintiffs, including Hopewell Township, to file an appeal with the DC Court of Appeals. That appeal has begun and arguments are in the process of being heard.
To stay current with court news, go to ReThink Energy NJ for the latest information.
REMEMBER, the state of NJ still has the power to stop this project. The pipeline still has to meet all of the regulatory permitting requirements of other agencies before the project can be constructed. The New Jersey Department of Environmental Protection (NJDEP), the Delaware River Basin Commission (DRBC), and the United States Army Corp of Engineers (USACE) all have the power to stop this project. The current administration is standing with us, taking action to fight and understands that this project isn’t good for NJ!