PRESS RELEASE - 3/19/2018
Homeowner Group Takes FERC to Court
Homeowners Against Land Taking – PennEast (HALT), whose members include hundreds of directly impacted homeowners, filed a petition in the U.S. Court of Appeals for the District of Columbia Circuit on Thursday, March 15, 2018, asking it to review and set aside two recent orders of the Federal Energy Regulatory Commission (FERC). HALT’s legal challenge focuses on whether FERC violated the Natural Gas Act and the Fifth Amendment of the United States Constitution by prematurely issuing a certificate of public convenience and necessity, and by issuing a “Tolling Order” instead of a final order on HALT’s request for rehearing.
The PennEast Pipeline Company, LLC (PennEast) is using FERC’s conditional certificate to file lawsuits against landowners who refuse to sign easement agreements. Over the past six weeks, PennEast has filed more than 180 complaints against them in three federal district courts. FERC’s Tolling Order helps PennEast because it allows the eminent domain cases to move forward while blocking judicial review of the validity of its orders.
HALT maintains that FERC’s Tolling Order violates homeowners’ due process rights because it denies them a judicial hearing on the validity of FERC’s certificate before their land is taken.
"Taking my land and converting my children’s home into an incineration zone without proof of need will not be taken lightly by me or HALT," said Jacqueline Evans, a homeowner, and mother of three. She continued, "While hundreds of directly impacted homeowners are resisting, it is every ratepayer in NJ and PA who will pay the price for this unneeded project."
It is important for homeowners to remember that the pipeline still has to meet all of the regulatory requirements of other agencies before the project can be constructed. The New Jersey Department of Environmental Protection (NJDEP), the Delaware River Basin Commission (DRBC), and the United States Army Corps of Engineers (USACE) each have the power to stop this project.
While HALT is challenging FERC’s decision at the federal level, it will be bolstering its efforts with these other agencies. This pipeline is unwanted, unneeded, and harmful. Homeowners will not cease their opposition until their voices are heard.
HALT PennEast - Protecting landowner rights, our safety, and our environment through legal representation. The goal is simple, and it’s right there in the name: to HALT PennEast. Not reroute it, not change it, but to stop it cold.
Please consider becoming a supporting member by donating to HALT. Your support will help us continue the fight on every front - locally, state wide, and in the DC district courts.
