May 21, 2018 — New Jersey Conservation Foundation issued the following statement in response to the State of New Jersey’s petition for review filed with the D.C. Circuit of the U.S. Court of Appeals today challenging FERC’s granting of a Certificate of Public Convenience and Necessity for the proposed PennEast pipeline:
“Today’s action by the attorney general and the Murphy administration challenging FERC’s flawed process and findings on PennEast sends a strong message that their proposed pipeline never should have been granted a conditional certificate from FERC. They are to be commended for their continued work to uphold the law and protect the interests of the citizens of New Jersey,” said Tom Gilbert, campaign director.
The filing by Attorney General Gurbir S. Grewal states:
“As presented to FERC in New Jersey’s combined rehearing and stay request, FERC’s entire Certificate Order must be set aside as arbitrary and capricious because, among other reasons as more fully set forth in New Jersey’s petition for rehearing filed with FERC, it relied on insufficient data about environmental resources, improperly relied on PennEast’s contracts with its affiliates to demonstrate public need, improperly conflated mitigation with minimization or avoidance of environmental impacts, failed to conduct an appropriate alternatives analysis, and improperly attempts to usurp New Jersey’s delegated federal-level jurisdiction over Clean Water Act §§ 401 and 404 resources.”