U.S. Supreme Court Rules In Favor of PennEast in the Case of PennEast Pipeline Co. v. New Jersey

WASHINGTON, DC (June 29, 2021)  Today, the U.S. Supreme Court ruled against the state of New Jersey in its legal battle opposing the development of the PennEast Pipeline. The decision in favor of PennEast Pipeline Company LLC (PennEast) overturns a Third Circuit Court of Appeals decision that concluded PennEast, as a private company, lacked legal authority to seize state-owned lands without the state’s consent. The opinion allows PennEast to seize lands where the state of New Jersey holds an interest, either through ownership or conservation easement, to build its approximately 120-mile long, 36-inch diameter pipeline, which would transport fracked gas from Luzerne County, Pennsylvania to Mercer County, New Jersey. The New Jersey Department of Environmental Protection had previously denied PennEast permits to construct its pipeline through wetlands and waterways in New Jersey citing numerous concerns.

Joseph Otis Minott, Clean Air Council Executive Director and Chief Counsel, issued the following statement:

“We applaud New Jersey for standing strong for its rights to ensure that its land is not destroyed for another needless fracked gas pipeline. Residents on both sides of the Delaware River will continue to fight to protect their land and water from this destructive pipeline and won’t back down.”