PennEast Pipeline Under Appeal to Federal Circuit Court of Appeal

by: Joseph Grather
23 Aug 2018

On August 10, 2018, FERC issued an Order Denying Requests for Rehearing on its grant of a Certificate of Public Convenience and Necessity to PennEast Pipeline, LLC.2018-8-10 FERC Order Denying Rehearing.

On August 13, 2018, New Jersey Conservation Foundation and Delaware Riverkeeper appealed.

FERC issued its Certificate for the PennEast Pipeline in January of this year.  Immediately thereafter, PennEast sued over 130 property owners to take their private property for the pipeline project.  At least half of the owners challenge PennEast’s right to take in the United State District Court, District of New Jersey.  Judge Brian Martinotti presided over several hearings on the challenges in May and a decision on the challenges is pending.  Many of the property owners questioned PennEast’s authority to take because of PennEast’s abject failure to comply with federal and State law pre-complaint requirements.

Again, those challenges await adjudication by the District Court.  Any such ruling is subject to appeal.  For the present moment, PennEast has no right to proceed with its project.

We’ll keep you posted.