Foes say the company likely concluded that it wouldn’t get DEP permits
By Jon Hurdle NJ Spotlight
PennEast Pipeline Co. has dropped a plan to use New Jersey state lands for its controversial natural gas pipeline — at least for now — dealing a major blow to the long-delayed project in the state.
The company’s decision not to pursue eminent-domain claims on 42 parcels of publicly owned land was announced in an agreement with the Attorney General’s office and recorded in a brief notice sent on Sept. 20 to the Third Circuit Court of Appeals, which is overseeing the company’s claims.
“The parties to these consolidated matters have agreed in principle to a stipulated voluntary dismissal of these matters,” the notice said, referring to the eminent-domain claims.
In plain language, the notice means that PennEast won’t seek to seize the lands to build the pipeline, said Leland Moore, a spokesman for the AG’s office, which argued against the company’s use of public lands before the U.S. Supreme Court earlier this year.
The nation’s highest court had sided with PennEast, ruling that it had the right to use eminent domain to acquire the state land it needed for the project.
“We are pleased that after three years of litigation, PennEast has finally paused on trying to take state land,” Moore said in a statement. “Although the company is still pushing ahead with plans to build an unnecessary and ill-conceived pipeline, we will continue to lead the fight against it, and we are confident that we will ultimately prevail in court.”
Company cites timing as an issue
Pat Kornick, a PennEast spokeswoman, would not say whether the agreement means the company has abandoned its plans for the New Jersey section of the pipeline, which has twice been denied state environmental permits, and has aroused strong opposition in the communities where it would be built.
“Given the uncertainty on timing to resolve the remaining legal and regulatory hurdles, PennEast believes it is not prudent to complete the acquisition of the rights of way in the pending actions as it might not be necessary for some time,” she said.
Still, Kornick suggested the company is continuing to explore ways of moving the project forward in the future.
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