The Delaware Riverkeeper Network (DRN) filed two petitions in US Appeals Court for the District of Columbia on May 9 in its ongoing challenge of the Federal Energy Regulatory Commission’s approval of the proposed PennEast natural gas pipeline (OGJ Online, Jan. 22, 2018).
Attorneys for the Bristol, Pa.-based organization, which lists protection of the river’s watershed in Pennsylvania, New Jersey, Delaware, and New York as its main purpose, requested:
- A writ of mandamus seeking a court order for FERC to issue a final response instead of tolling orders, which DRN said places it in legal limbo because they neither grant nor deny its rehearing request.
- And a petition for reviewwhich also challenges the commission’s January order and two subsequent orders which DRN said were designed to give FERC more time to reach a final decision on the group’s rehearing request.
“FERC’s continued use, and abuse, of tolling orders to obstruct or otherwise delay aggrieved parties from obtaining their day in court is not only unfair, but reflects a blatant violation of the public’s due process rights,” DRN Senior Attorney Aaron Stempelwicz said. “We look forward to shining a light on these underhanded tactics before the court.”
The proposed $1 billion, 36-in diameter pipeline would originate in northeastern Pennsylvania and run 120 miles to Transco Energy’s interconnection near Pennington, NJ, sponsor PennEast Pipeline Co. LLC said. Construction is scheduled to begin in 2018 before the pipeline goes into service in 2019 pending other regulatory approvals.
Contact Nick Snow at[email protected]