Court reverses FERC rubber stamp of unnecessary fossil fuel infrastructure
Trenton, NJ — Today, a coalition of environmental organizations and an impacted landowner backed by eight state Attorneys General and the New Jersey Ratepayer Advocate won their challenge to the Federal Energy Regulatory Commission’s (FERC) approval of the Regional Energy Access Expansion (REAE) project, which would allow a massive and unneeded expansion of gas capacity into New Jersey.
In a victory for the petitioners, the court vacated FERC’s orders and remanded the case to the Commission for a more careful review.
The court unanimously agreed with the petitioners that FERC’s National Environmental Policy Act (NEPA) analysis was inadequate for failing to meaningfully evaluate the project’s enormous contributions to climate change. The court also agreed that FERC failed to comply with the Natural Gas Act when it concluded that there was a public need for the REAE project over New Jersey’s assertion that its ratepayers do not need additional gas capacity and that FERC failed to weigh the project’s climate harms in approving the expansion.
“The ink has gone dry on FERC’s rubber stamp for gas projects,” said Moneen Nasmith, Senior Attorney at Earthjustice. “The court made it clear that FERC’s longstanding flawed rationale that private contracts for capacity demonstrate a public need for a gas project is no longer sound or compatible with our regional, national, and international climate goals. FERC must improve its decision making process for how it considers whether there is a genuine public need for more gas infrastructure projects and how it analyzes and weighs the climate impacts of proposed projects.”
"Today's decision by the D.C. Circuit Court is a significant victory for the public, setting a clear precedent for demanding greater accountability and thoroughness in FERC's decision-making. This ruling will help ensure that gas projects genuinely serve the public interest without imposing unnecessary costs on ratepayers. It also highlights the arbitrary nature of FERC’s authorizations of nearly any gas project before it, underscoring the need for more robust and meaningful assessments moving forward,” said Megan C. Gibson, the Niskanen Center’s Chief Counsel.
Gibson adds, “Among other things, the court recognized that FERC failed to adequately address critical market studies, ignored state laws requiring reductions in natural gas usage, relied on unsubstantiated claims, and ignored perverse financial incentives while relying on little more than precedent agreements. We commend the Court for this decision and urge FERC to take this opportunity to enhance its regulatory rigor and truly prioritize the needs of the public.”
Earthjustice represents Food & Water Watch and the Sierra Club. Delaware Riverkeeper Network and Maya van Rossum, the Delaware Riverkeeper, were represented by in-house counsel. Earthjustice co-counseled with the Delaware Riverkeeper Network and the Niskanen Center, which represents New Jersey Conservation Foundation, New Jersey LCV, and Aquashicola Pohopoco Watershed Conservancy.
News Release from Delaware Riverkeeper Network, 8/1/2024
Aquashicola Pohopoco
Watershed Conservancy
Effort Solar Update
Polk Township Board of Supervisors have denied the Conditional Use request.! There were many deficiencies and contradictions in the testimony by the developer as well as unanswered questions. Kudos to the BOS!
There was a huge groundswell of public opposition against the proposed project as well, packing the Polk Firehouse at every hearing.
OUR WATERSHED
Conservation
Protection
Improvement
Education
.......It's what we do!
2024 Meetings will be at 7pm
Polk Municipal Building.
165 Polk Township Road Kresgeville, PA 18333
September 17
November 19
Model Ordinance for Distribution Centers
PennFuture has published a model ordinance and guidebook regarding warehouses and distribution centers. We hope that our local municipalities can use this information to guide future decisions so we don't end up looking like the Route 33 corridor in Northampton County!
Click here for ways you and your family can enjoy events in and near our local waterways