Supreme Court decision greenlights polluting Potomac pipeline project

Washington, DC -- Today the Supreme Court ruled that private companies can take state land for new fracked gas pipelines, which likely speeds the construction of a controversial project that threatens the Potomac River.

In a 5-4 decision in the case of PennEast Pipeline Co. v. New Jersey, the U.S. Supreme Court found that private pipeline developers can use the federal government’s eminent domain powers to take land from states. The decision enables developers of the Potomac pipeline to build their project, which threatens climate, public safety and water quality on the Potomac River, a drinking water source for about 6 million people.

The Potomac pipeline is opposed by the state of Maryland along with a broad coalition of clean water, climate and public health advocates. An environmental review found that construction is likely to destabilize soil on the banks of the river, adding sediment that can kill fish and wildlife, and release drilling fluid into waterways, threatening water quality at the site and downstream. The project still needs a final right-of-way permit to cross the C&O Canal from the National Park Service. The agency has completed an initial review and is awaiting further approvals within the US Department of the Interior.

The industry-friendly court decision comes as climate scientists raise alarm about the rapid expansion of gas infrastructure worldwide, which leaks massive amounts of methane - a greenhouse gas 87 times more potent than carbon dioxide. The United Nations and International Energy Agency recently found that the world will not be able to avoid the worst impacts of the climate crisis unless gas use is immediately curtailed and replaced with clean electricity. 

David Smedick, Senior Campaign Representative for the Sierra Club’s Beyond Coal Campaign for the Mid Atlantic Region, issued the following statement:

“In a world that is seeing increased heat waves, flooding and other impacts of the climate crisis, we don’t need another fracked gas pipeline - especially one that threatens 6 million people’s drinking water. This decision allows the fossil fuel industry to take public land and make the climate crisis worse. We need every Marylander to stand up and keep saying no to this destructive project.”

Anne Havemann, General Counsel for the Chesapeake Climate Action Network, said: 

“Last month, we learned that the amount of carbon dioxide in Earth’s atmosphere reached the highest level in human history. Now is the time to start rapidly phasing out fossil fuels, not expanding them by building more fracked-gas pipelines. Today’s decision from the Supreme Court clears the path for the Potomac Pipeline to move forward and marks a sad day for Maryland and for the climate. We thank Maryland’s leaders for fighting this pipeline as hard as they have and urge them to do whatever they can to continue to defend Maryland from this harmful and unwanted project.”

Phillip Musegaas, Vice President of Potomac Riverkeeper Network, said:

"Today's ruling goes against a long history of preserving a state's authority to protect natural resources within its borders from harmful interstate projects, and should be a wake up call to state leaders to find new ways to protect their interests. In the Potomac pipeline case, an unwanted fracked gas pipeline that would result in increased emission of harmful greenhouse gases and risk the safety of drinking water for six million downstream residents and the health of the Potomac River could be built despite strong objection from Maryland's governor and Maryland residents. If this pipeline is allowed, Potomac Riverkeeper will be there to watchdog the construction and hold Columbia Gas accountable for any harm it causes to the Potomac River."