More Uncertainty for PennEast and FERC — March 20th 2019

More Uncertainty for PennEast and FERC

 Some good news! The Third Circuit Court of Appeals granted the State of New Jersey a partial stay, and expedited its appeal. This poses yet another problem for PennEast.

The State had asked the Court of Appeals to “stay” the cases where the State is a defendant until a decision was made. The Court of Appeals ruled that surveys and testing can proceed, but no construction is permitted pending the Court’s decision – this relates to state-owner properties, only. The order states — “…physical construction of the pipeline shall be stayed pending this appeal. Additionally, the just compensation portion of the litigation is stayed pending this appeal.”

Although this relates only to the 40-some state-owned properties on the route it aids all homeowners. While surveys and testing can continue, this partial stay will hamper PennEast from moving forward at full speed.  It also provides more reason for FERC to delay decisions because the route and outcome of the stay are unknown.

This court decision, along with the question of PennEast’s permissibility to cross the Appalachian Trail without congressional approval (reported in the most recent HALT newsletter), raises uncertainty for PennEast and FERC.HALT Member Meeting Next Week

HALT’s monthly meeting will be held on Wednesday, March 27, 2019, 7:30 pm at the Prallsville Mill. Updates and next steps will be discussed.

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