Shannon Van Hoesen, shannon.vanhoesen@sierraclub.org
Washington, DC - Today, the US Court of Appeals for the DC Circuit vacated, or invalidated, a decision by the Federal Energy Regulatory Commission that allowed the construction of the Regional Energy Access Expansion project to expand the Transco pipeline to bring additional fracked gas from Pennsylvania to, primarily, New Jersey and Maryland.
The Court agreed with the petitioners that FERC had overlooked “significant environmental consequences” with regard to greenhouse gas emissions and “failed to adequately consider evidence suggesting a lack of market need for the pipeline’s additional capacity and New Jersey state laws mandating reductions in natural gas consumption.”
Sierra Club and Food & Water Watch were represented by Earthjustice in the lawsuit challenging FERC’s approval of the project. Delaware Riverkeeper Network and Maya van Rossum, the Delaware Riverkeeper, were represented by in-house counsel. Earthjustice co-counseled with the Delaware Riverkeeper Network and the Niskanen Center, which represents New Jersey Conservation Foundation, New Jersey LCV, Aquashicola Pohopoco Watershed Conservancy, and affected landowner Catherine Folio.
This is the second time in the last month that the DC Circuit took issue with FERC’s inadequate review and subsequent approval of a gas infrastructure project. In a decision issued two weeks ago, the Court found that FERC failed to fully and adequately assess the cumulative and direct environmental and health impacts that would be caused by air pollution from Commonwealth LNG, as required by the National Environmental Policy Act and Natural Gas Act.
In reaction to the decision, Sierra Club released the following statements:
NJ Sierra Club Chapter Director Anjuli Ramos-Busot: “By reversing FERC’s problematic and unnecessary approval of the Regional Energy Access Expansion (REAE) pipeline project, today’s decision is the first step toward keeping New Jersey communities and environment healthy and safe rather than fan the flames of the fossil-fuel industry. If this project had been upheld, it would have directly undermined our state’s goal to reduce greenhouse gas emissions by 50% by 2030. This is a major victory for the climate, clean air, and water, and New Jersey residents on the ground who have organized and opposed this project for years. This decision also helps ensure that future proposals for unneeded and harmful pipeline projects are not given the greenlight without the proper vetting. We are living in a climate crisis; it is time to focus on real clean energy solutions, and the Sierra Club will continue to fight with our allies for a healthy and just future.”
Sierra Club Senior Campaign Organizer for Pennsylvania Kelsey Krepps: “New Jersey state officials have been loud and clear that they don’t need the added gas capacity of this project, but FERC rubber stamped the project anyway. The expansion efforts underway in Pennsylvania have already subjected Pennsylvania’s exceptional value wetlands, high quality streams and forested lands to disturbance and devastation. Despite this landmark decision, the buildout’s impacts to our state waters and lands can’t be undone, and could have been prevented if FERC had taken a closer, more discerning look at this expansion proposal in the first place. We hope today’s ruling will prevent this from happening again with another project.”
Sierra Club Director of the Beyond Dirty Fuels Campaign Cathy Collentine: “FERC is supposed to weigh a project’s benefits, including serving unmet market demand, against a project’s adverse impacts, and it is clear that the Commission has lost sight of this mission. It is about time that FERC takes a hard look at its role in approving unnecessary, dangerous gas infrastructure that is in conflict with our clean energy future. We neither want, need, nor can we afford to continue to line the pockets of Big Oil and Gas companies at the expense of the climate and ratepayers. The Courts have said over and over again that FERC must look at the environmental and economic factors at play in these dirty, dangerous interstate gas projects. This is yet another wake up call for FERC that it’s time to do the right thing and reject unneeded gas infrastructure projects.”
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About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.