Court halts PennEast pipeline construction in NJ

Physical construction of the PennEast pipeline is going to have to wait, a Third U.S. Circuit Court of Appeals ruled Tuesday.

A two-judge panel granted New Jersey’s request for a stay while an appeal over a lower court’s decision to give PennEast eminent domain power in the state.

During the stay, PennEast will be allowed to continue surveys and other parts of the pre-construction process for the 100-mile pipeline proposed to make its way from Luzerne County to Trenton, New Jersey.

The current proposed project route includes areas of Kidder, Penn Forest, Towamensing and Lower Towamensing townships in Carbon County, and Eldred Township in Monroe County.

PennEast spokeswoman Patricia Kornick said Tuesday’s decision does not impact the company’s timeline, which calls for it to start construction later this year and be operational in 2020. Kornick also said PennEast continues to make positive progress with its surveying in New Jersey.

Tuesday’s stay on physical construction was only for New Jersey, but a local anti-pipeline group is considering it a step in the right direction.

“While the ruling does not apply to Pennsylvania, it can affect future eminent domain proceedings in our area,” said Lucy Freck, an officer with Save Carbon County. “If the state of New Jersey prevails, preserved farm owners may be able to argue that a pipeline violates the state’s interests.”

New Jersey appealed a December ruling from U.S. District Judge Brian R. Martinotti, who said PennEast had met Natural Gas Act requirements for getting the easements necessary to build the pipeline. Martinotti said the law allows any holder of a certificate of public convenience from FERC to acquire rights of way by the exercise of eminent domain in district court.

In its appeal, New Jersey said the lower court ruling deprived it of its right to immunity from private citizens’ suits, but also endangered the state’s preserved land.

Save Carbon County and other pipeline opponents have noted that it appears that PennEast has targeted farmland, parks and other open space in laying out its pipeline route. Freck speculated that these lands are easier to take through eminent domain because the pipeline company does not have to deal with several landowners as it would through more developed areas.

“We welcome the court’s decision to stay construction to allow time to carefully review New Jersey’s arguments,” Freck said. “It is unusual for a federal court to seriously consider arguments against pipelines.”