NJDEP Denied PennEast’s Submitted Application–Oct 11th 2019
MORE GOOD NEWS!
October 11, 2019
Yesterday, the NJDEP denied PennEast’s recently submitted application citing the US Court of Appeals decision to vacate the orders of condemnation for forty-nine properties where the state of NJ has property ownership interests.
The letter states that the PennEast application cannot be deemed “administratively complete” because PennEast now lacks the authority to submit the application. It goes on to say, “Given this fundamental deficiency, the NJDEP hereby rejects and administratively closes the Application”. “The application is denied without prejudice and as a result, no application for a Freshwater Wetlands Individual Permit and Water Quality Certificate is currently pending in any form before the NJDEP”. Finally, the letter states, “The Department shall take no further action on this application.”
This decision means that this application cannot be resubmitted without PennEast having legal authority to these 49 properties. This is great news for homeowners and we applaud the NJDEP for its diligent and swift decision.
We are aware that the battle to halt this pipeline will likely continue. PennEast may attempt to overturn the Court’s decision by requesting an “en banc” rehearing with the Third Circuit (which is a request for a full panel rehearing and reconsideration of the decision made by the 3 judge panel). These requests are sometimes granted under special circumstances. In due time, PennEast may also petition the Supreme Court to hear this case. They may try to litigate in state court. PennEast has already contacted FERC in an attempt to enlist the support of FERC with their legal dilemma. Who knows what PennEast will try next?
All that said, impacted homeowners, their neighbors and allies have never been in a stronger position! And, we are not going away. We will keep you apprised of developments.
Tell NJDEP to Reject PennEast Now!–September 18th 2019
Putting Together Our Game Plan — August 29th 2019
PennEast Application Resubmitted to NJDEP — August 12th 2019
Meeting Highlights — June 19th 2019
Governor Murphy & NJDEP Deny Permits To Build Contested Pipeline — June 8th 2019
More Uncertainty for PennEast and FERC — March 20th 2019
Please Intervene By March 8, 2019 — February 24th, 2019
Homeowners Claim PennEast Official has Major Conflict of Interest — February 21st 2019
HALT Letter to Attorney General & Hunterdon Freeholders Support — February 2019
Homeowner Update From Judge — January 17th 2019
PennEast Discussions With Lawyers — January 16th 2019
Court Order Entered — January 11th 2019
Keeping directly impacted homeowners informed — February 7th 2018
Confirmed the nominations of FERC Commissioners McIntyre and Glick — November 3rd 2018
HALT & Homeowner’s Legal Actions — 2017
FERC Nominees Are Confirmed — August 3rd 2017
NJDEP Denies PennEast’s Request for a Permit Application Extension! — 2017
