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Federal Appeals Court Vacates NESE Pipeline Water Quality Approval

Posted September 17, 2026

U.S. Supreme Court PennEast HearingWe have a major update to share in the fight against the Northeast Supply Enhancement (NESE) pipeline.

On September 8, the U.S. Court of Appeals for the Third Circuit vacated New Jersey’s water quality approval for the project, finding that NJDEP had not adequately explained how the pipeline would meet the state’s water quality standards. The court also found that critical monitoring and corrective measures had been left unresolved before dredging could begin.

The decision sends the matter back to the New Jersey Department of Environmental Protection. NJDEP can require additional information or analysis, issue a new or revised certification or reach a different decision altogether. In the meantime, the project does not have the water quality certification it needs to move forward in New Jersey.

That’s a significant win for the waterways and communities that have been raising concerns about the project for years — and an important reminder that public pressure and legal challenges can make a difference.

ReThink Energy NJ has opposed NESE from the beginning, and we’ll continue watching what happens next.

Read more about the court ruling

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