PennEast Pipeline Company announced that it will appeal the Third Circuit’s decision to the U.S. Supreme Court. On November 5, the Third Circuit Court of Appeals denied PennEast pipeline’s request for a rehearing on its ruling that PennEast lacks legal authority to seize or condemn state-owned lands for its proposed pipeline. The Third Circuit decision means PennEast no longer has authority to condemn more than 40 properties preserved by the state, many in partnership with counties, municipalities and private land trusts.
“We are not surprised that PennEast is trying to get the Third Circuit’s decision overturned as it and its owner companies stand to make a huge profit at the expense of New Jersey’s utility customers. They continue to overlook the elephant in the room — natural gas is on its way out and our state’s preserved lands shouldn’t be destroyed for an unneeded, polluting, and soon to be obsolete pipeline,” said Tom Gilbert, campaign director, ReThink Energy NJ and New Jersey Conservation Foundation.