Trenton, NJ – Today, the Third Circuit Court of Appeals reversed the New Jersey Department of Environmental Protection’s (DEP) grant of a water quality certification for the Northeast Supply Enhancement Project (NESE) pipeline and sent it back to the DEP. The water quality certification is a key approval that the project needs to proceed. This victory comes after a coalition of environmental groups filed a lawsuit last November against the DEP for unjustifiably approving the certification for NESE, after first rejecting the project in 2019 for failure to demonstrate compliance with state water quality standards.

“For years, the people of New Jersey have fought this dirty, dangerous, and unnecessary pipeline project.  When the water quality certificate was denied in 2019, that should have been the end of it.  But in the final months of the Murphy administration, the NJDEP rushed to grant critical approval through a flawed process.  We are pleased to see the Third Circuit Court of Appeals has reversed this bad decision by NJDEP, and those of us fighting for clean air, clean water, and a livable climate will continue to oppose this dirty gas pipeline until we win once and for all,” said Charlie Kratovil, Central Jersey Organizer at Food & Water Watch.

The DEP improperly left essential monitoring and management requirements unresolved and failed to adequately explain how the project would comply with New Jersey’s water quality standards.

The NESE project by the Transcontinental Gas Pipe Line Company (Transco) is a $1 billion project that would expand the existing Transco natural gas pipeline system with over 23 miles of offshore pipeline. The underwater segment beneath Raritan Bay and New York-New Jersey Harbor poses risks to marine habitats, dredging up pollutants such as mercury and PCBs into New Jersey recreational waters, disturbing seabed sediment and posing human health risks as well. The project also includes a proposed compressor station near the Trap Rock Quarry in Franklin Township, NJ, threatening wetlands that support habitat for endangered species.

The Eastern Environmental Law Center filed a petition for review on behalf of NY/NJ Baykeeper, Princeton Manor Homeowners Association, Central Jersey Safe Energy Coalition, Food & Water Watch, New Jersey League of Conservation Voters Education Fund, and Sierra Club.

###