Supreme Court sides with PennEast pipeline developer over Pennsylvania, New Jersey communities

Washington, DC -- Today, the Supreme Court ruled that private companies can take state land for new fracked gas pipelines, likely speeding the construction of the controversial PennEast pipeline project.

In a 5-4 decision in the case of PennEast vs. 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. Developers of the PennEast pipeline had been relying on this authority to build their 116-mile project, which would ship fracked Marcellus Shale gas from Northeast Pennsylvania, across the Delaware River to New Jersey, where it would likely be sold to be burned in foreign countries. All told, the pipeline would threaten more than 88 waterways, 44 wetlands, 30 parks, and 33 conservation easements with leaks, explosions and pollution.

The 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 would not be able to avoid the worst impacts of the climate crisis unless gas use is immediately curtailed and replaced with clean energy 

Kelly Sheehan Martin, Director of the Sierra Club’s Dirty Fuels Campaign, issued the following statement:

“The science is clear: more fracked gas means more heat waves, stronger hurricanes and more unnecessary deaths from fossil fuel pollution. Today’s disappointing decision allows a fossil fuel pipeline to proceed that will harm communities and public health. But, the fight against PennEast is far from over, and the company continues to face stiff opposition. Governor Murphy can and must say no to this disastrous project.”