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Statements on U.S. Supreme Court’s PennEast Pipeline Decision

By David Wildstein, June 29 2021 12:04 pm


“I am deeply disturbed and disappointed by the Supreme Court’s decision today, which sets the dangerous precedent of allowing interstate pipelines to take State-owned lands without a State’s consent. States like New Jersey should be able to retain their right to do what they wish with the lands they own, and no private actor – including pipeline companies – should be able to usurp that right. I am determined to work with my colleagues to do everything in our power to preserve this important State right.”


“Today, the U.S. Supreme Court ruled in favor of a pipeline company and against the people of New Jersey – an unwise decision to permit an economically unneeded project that threatens extreme harm to the environment and violates the rights of many of my constituents. Dissenting justices were right when they wrote that ‘[t]he eminent domain power belongs to the United States, not to PennEast…’ While disappointing, PennEast still faces many regulatory hurdles and this fight is far from over. I will continue to do everything in my power to stop this pipeline from being built.”


“This ruling is a shame and disappointment in a terrible decision by the Supreme Court .Now the PennEast Pipeline will be able to seize public lands and profit off of their destruction. They want to seize hundreds of acres of preserved open space in New Jersey. Even though the lower courts ruled that a private pipeline company can’t seize public land, they appealed that decision. the Supreme Court sided with PennEast over protecting public land.  “We have lost todays battle but the fight continues. With what happened at the Supreme Court after today with their decision, it will really come down to Governor Murphy and the NJDEP if they want to stop this pipeline.”

“Even though PennEast will be allowed to cut through state lands, they’ll still need to come to the NJDEP for permits on wetlands and water quality. This pipeline will pollute our waterways, cutting through high-quality C1 streams. The 401 Water Quality Certificate is a permit under the Surface Water Quality Act to certify that a project won’t pollute the state’s waterways.  Other states like New York, Connecticut, North Carolina, and Oregon have successfully stopped pipelines using the 401 Certificate. They stopped the Constitution Pipeline in New York and the Island East Pipeline in Connecticut, and both decisions were upheld in court.”


“The Supreme Court made the correct decision today in reversing this harmful lower court decision, which would have irrefutably had a negative impact on the supply and cost of natural gas in New Jersey, as well as interstate commerce.

“While the PennEast v. State of New Jersey case dealt with many technical legal issues around eminent domain rights, the real-world implications of the case are of the utmost concern. If the Supreme Court had upheld the lower court decision, New Jersey would have ultimately seen energy prices rise, pollution increase, and jobs lost.

“As a state that imports all its natural gas, New Jersey has benefited both economically and environmentally. The Garden State uses natural gas to create over 50% of its electric generation and to heat 75% of its homes and buildings. Our residents and businesses are reliant on this low-cost energy.

“The need and demand for natural gas is growing, with pipeline capacity poised to reach maximum levels in the coming years. Without new supplies of natural gas, other, often dirtier, forms of energy would need to be used and some businesses and homes will not be able to hook up to natural gas for their cooking or heating.

“With today’s decision, the Supreme Court correctly held that one state cannot have the power to stop an interstate pipeline. Such a practice would disrupt the flow of energy throughout the nation – and that is not how our national economy works.”

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