HALT’s lawyer has sent a letter to FERC regarding PennEast’s request to amend its Certificate by altering the route in PA.
It appears that Congress must pass legislation in order for a gas pipeline to cross the Appalachian National Scenic Trail (“Appalachian Trail”), which is under the jurisdiction of the National Park Service. In its Application to Amend its Certificate, PennEast filed a route change affecting where the proposed pipeline would cross the Appalachian Trail in Pennsylvania. In its comment, HALT referred to the recent 4th Circuit Court decision that blocked the Atlantic Coast Pipeline from crossing the Appalachian Trail, even though the pipeline was going to be bored deep below the surface so that trees would not be cut.
In light of these legal developments, this makes crossing the Appalachian Trial by PennEast a national issue. It appears that FERC, the National Park Service, and state agencies cannot make this decision. It’s up to Congress to decide.
In addition, HALT states that the PennEast’s Application to Amend its Certificate cannot be granted by July 1, 2019, as PennEast requested. This is because HALT filed a petition for review in 2018 that challenges the validity of the certificate FERC issued to PennEast. Under the Natural Gas Act, the D.C. Circuit has to issue an order before FERC can amend PennEast’s certificate.
However, even if FERC prevails in court, the pipeline cannot be constructed unless Congress explicitly grants permission to PennEast for its pipeline to cross the Appalachian Trail.