Supreme Court Update, NJCF Statement, and Tolling Orders Update— July 1st 2020


First, an update on the Supreme Court case is below. We have included information and a statement from Tom Gilbert with NJCF. Second, is an update regarding the tolling orders case. We have a big win to report! Details are below after the Supreme Court Update.

Supreme Court Update and NJCF statement – more delays

Monday, the U.S. Supreme Court issued an order seeking input from the U.S. Solicitor General on PennEast’s petition that the Court review the Third Circuit decision denying them the right to seize state lands.

This is one of the possibilities that had been anticipated. The Solicitor General will set the timeline for review, but it is anticipated that after hearing from the SG, the Supreme Court could decide whether or not to take the case this fall.

If the court does agree to hear the case, actual proceedings wouldn’t be until next term/year.

In practical terms – more delays….

“This action doesn’t change the fact that there is no reason under the law for the Supreme Court to review the Third Circuit’s unanimous decision,” said Tom Gilbert, campaign director for NJ Conservation Foundation. “We continue to believe that decision will prevail in the end, and PennEast will be prohibited from seizing state-owned lands in order to construct its unneeded pipeline.”

Our fight continues at the Supreme Court The latest turn extends the process and the case. We are also examining other short term actions PennEast may try to do and will keep you informed. 

Tolling Orders Update – a big win!

The United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a decision by the full court today stating that the Natural Gas Act (NGA) does not allow the Federal Energy Regulatory Commission (FERC) to issue tolling orders.

In practical terms :

FERC can no longer use tolling orders in pipeline projects going forward.

This applies to any future order. For example, if FERC makes a final decision about Phase II. FERC must respond to a request for rehearing within 30 days. If they do not, then we can file a petition for review in a circuit court of appeals.

We were advised that, Homeowners no longer have to wait for a final order from FERC to seek judicial relief. 

We hope your summer is going well. We look forward to seeing you in person as soon as we can. 

Thank you for all you do.  

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