Category: Pipelines

ACTION ALERT – Make the Next Few Weeks Count – Speak Up Often

During the week of May 20, call the Governor often and tell him that you expect the NJDEP to deny the water permit applications for the Northeast Supply Enhancement (NESE) Project by June 5.

Call Governor Murphy between 9AM and 5PM at 866-586-4069

People in NJ and NY understand the risks and long-term impacts from the NESE Project to our health, safety, well-being & economy:

  • more air pollution with associated health problems
  • spread of toxics onland and in the Bay that threaten the health of people and life in the Bay
  • methane releases & risks of fires or explosions from the compressor station and leaks from pipelines that are over 50 years old
  • more frequent & intense weather events – causing flooding, destruction, displacement and lost income – from additional reliance on fossil fuels for the decades-long projected lifespan of NESE

People in NJ & NY are on the record opposing this dangerous Project:

  • On May 15, 2019, the New York Department of Environmental Conservation (NYSDEC) conditionally denied the Water Quality Certificate and permits for the Raritan Bay Loop part of NESE in NY waters since it would likely have significant Water Quality impacts in New York State. Williams/Transco can reapply since the application was denied “without prejudice”.
  • On May 14, 2019, Franklin Township Council passed a Resolution opposing issuance of permits by the NJDEP for the Northeast Supply Enhancement Project.
  • Thirteen Towns in the Bayshore community, along with Monmouth County Freeholders, passed resolutions opposing NESE during March and April 2019: Aberdeen, Atlantic Highlands, Hazlet, Highlands, Holmdel, Keansburg, Keyport, Long Branch, Matawan, Middletown, Rumson, Sea Bright, and Union.

Now, the ball is in NJDEP’s court to call the balls & strikes

  • Governor Murphy said, in response to questions of Junior Romero of Food & Water Watch on a Call the Governor event: “We review these things assiduously to make sure we do it right.”
  • The NJDEP has until June 5 to do the right thing and reject the permit applications.
  • The NJDEP decisions cannot be arbitrary & capricious in violation of laws and regulations.
  • The NJDEP is both the environmental rule-maker and rule-applier, and they decide the relevance of comments from the public as well as information from William/Transco in their best effort to be objective in their application and enforcement of the rules.
  • The NJDEP decisions must not be influenced by the “Matthew Effect” (found for baseball umpires’ unconscious biases in judgments of their calls of balls & strikes) of unconscious biases that could be influenced by the vast sums of money being spent in Trenton by lobbyists of Williams/Transco.

Williams/Transco continues to update and change information about the permit applications in response to issues raised by the public and questions from the NJDEP. They withdrew their permits in June 2018 because the supplemental information had not yet satisfied the regulatory requirements of New Jersey, and they claimed that this was done to give the NJDEP time needed to review the added information before making a decision. Their re-submitted applications (June 18, 2018) still do not satisfy all applicable regulations. Of note, in the suit filed against E.I. DuPont DeNemours & Co. by the State of New Jersey on 03/27/19 for the Parlin site, it was written that:

 The State has the ability “through the Department, to protect, conserve and manage the natural resources of the State, which are by law precious and invaluable public resources held by the State in trust for the benefit of the public; and the rights of the people of the State to enjoy their natural resources free from interference by pollution and contamination.” (#208, pages 61-62)

“The use, enjoyment, and existence of uncontaminated natural resources is a right common to the general public.” (#207, page 61)

“As the trustee over the State’s natural resources, the State has a duty to protect and restore all natural resources of the State and protect the health and comfort of its inhabitants.” (#216, page 64) Accessed from: https://www.nj.gov/oag/newsreleases19/Parlin_Filed-Complaint_and_Jury- Demand.pdf

It’s time for the NJDEP to acknowledge that the NESE Project is not in the public interest, will not benefit the municipalities where it would be located, and does not meet all regulatory requirements, including those of Stormwater Management, for the permits.

ACTION ALERT – Urge Governor Murphy and NJDEP TO DENY WATER PERMIT APPLICATIONS for the Northeast Supply Enhancement Project (NESE)

Many have sent comments to NJDEP about the deficiencies in the applications of Williams/Transco for water permits needed to construct the NESE Project. The comment period ended on May 2.

Even though FERC issued their “Certificate of Public Convenience and Necessity” Order on May 3, the NESE Project cannot be constructed without receiving water permits from NY’s Department of Environmental Conservation and NJ’s Department of Environmental Protection.

Below are links to recent publications showing the risks of NESE as well as the fact that NESE is not needed even though gas companies in New York are threatening moratoriums if the NESE Project is not approved.

DO NOT BE SWAYED BY SUCH PROPAGANDA!

  • There are other options for future developments to get energy in New York.
  • The claim that the gas is needed to help National Grid’s customers change from using oil to using gas is false.

Pipeline planned for Raritan Bay is a safety risk that keeps us all dependent on dirty fossil fuels, environmentalist says

Rigorous report proves lack of need for Williams fracked gas pipeline – This Press Release makes note of the critical findings in the report and includes a valid link to the Study.

FALSE DEMAND: The case against the Williams fracked gas pipeline

Also, see the comment letters submitted to NJDEP by:

ACTION ALERT – Send Comments to NJDEP by May 2 to stop the NESE Project

We only have a few days to send comments to the NJDEP demanding that they deny the water permit applications for the Northeast Supply Enhancement Project (NESE).

If you care about your health and safety as well as that of your children, future generations, wildlife and the environment, take the time to send a comment. It matters!

(1) You can sign any and all of the following petitions:

(2) See the comment points on the website www.scrap-NESE.org – ACTION ALERT – By May 2, tell NJDEP to deny Permit Applications. You can copy and paste parts that are important to you and send messages to the NJDEP.

REMEMBER TO NOTE:

1. NESE is not in the public interest because there is no compelling public need for NESE.

See: Aucott, Michael. (10 May 2018). Report by M. Aucott of Environmental Science and Energy Consulting to EELC that was submitted to FERC on 5/14/18 as Exhibit B. FERC Accession No. 20180514-6168(32885359) – CLICK HERE and see pages 3-6 of the report.

Mattei, Suzanne. (19 March 2019). False Demand: The case against the Williams fracked gas pipeline. 350.org. CLICK HERE: http://350.org/wp-content/uploads/2019/03/Stop_Williams_False_Demand.pdf

Additionally, New York City Council approved a resolution on April 18, 2019 calling on their Department of Environmental Conservation (NYSDEC) to deny the Water Quality Certificate permit application by noting that the claim for needed additional gas was refuted by the New York Independent System Operator, the Long Island Power Authority, and the U.S. Energy Information Administration. See: Resolution No. 0845, New York City Council, available at:

https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=3913765&GUID=E13F1BA3-7EB8- 420F-BDEE-FB142E95BE4C&Options=&Search=

2. NESE is not in the public interest because Williams/Transco failed to demonstrate there’s no practicable alternative for NESE. Williams/Transco relied on outdated information to inflate their case that National Grid needs more gas to convert boilers from oil to gas in New York, and they neglected to report the fact that many prior conversions from heavier oil did not change to natural gas as a source of cleaner energy. They did not assess the alternatives to increased gas that include efforts in New York to increase energy efficiency, use demand response, and install heat pumps.

From our partners in New York who are working to have their Department of Environmental Conservation reject permit applications for NESE in New York, listen to their voices at:

https://www.bloomberg.com/news/videos/2019-04-17/surfers-fight-the-williams-pipeline-video

An aside:

On April 24, 2019, additional documentation was received at the Franklin Township Municipal Center pertaining to Stormwater Management for Compressor Station 206. This is only nine days before the close of the NJDEP’s comment period on several water permit applications since comments, to be read and considered, must be received or postmarked on May 2. These documents can be reviewed here.

Do not be discouraged by this untimely additional information! Make sure to send comments to NJDEP now.

Remember that the NJDEP is supposed to PROTECT and, in the suit filed against E.I. DuPont DeNemours & Co. by the State of New Jersey on 03/27/19 for the Parlin site, accessed from: https://www.nj.gov/oag/newsreleases19/Parlin_Filed-Complaint_and_Jury-Demand.pdf

NJDEP wrote:

  • “The use, enjoyment, and existence of uncontaminated natural resources is a right common to the general public.”
  • The State has the ability “through the Department, to protect, conserve and manage the natural resources of the State, which are by law precious and invaluable public resources held by the State in trust for the benefit of the public; and the rights of the people of the State to enjoy their natural resources free from interference by pollution and contamination.”
  • “As the trustee over the State’s natural resources, the State has a duty to protect and restore all natural resources of the State and protect the health and comfort of its inhabitants.”

ACTION ALERT – NESE in the News 4/13/19

ACTION ALERT – NESE in the News 4/13/19

Issues about the NESE Project were the subject of an investigative report by Brian Thompson that was aired on New York’s NBC Channel 4 on April 11, 2019 during the 11:00 news. To view this, check out NESE in the NEWS!

Remember:

  1. Folks in New Jersey have until May 2 to send comments to the NJDEP about Williams/Transco’s applications for NESE for Flood Hazard Areas, Coastal Wetlands, Waterfront Development and Temporary Dewatering. Send comments to: Matthew.Resnick@dep.nj.gov and Robert.Hudgins@dep.nj.gov, and send copies of comments to Governor Murphy & NJDEP Commissioner McCabe at: Constituent.relations@nj.gov and Commissioner@dep.nj.gov.
  2. All are encouraged to call Governor Murphy at (609) 292-6000 to strongly request that he makes sure that the DEP does not issue any permit if the application does not meet all standards of New Jersey’s regulations.

For comment ideas CLICK HERE (pdf)

The NJDEP will need to make a decision about granting or denying the permits by June 5, 2019. We need to let them know that we expect them to be the Department of Environmental Protection and listen to our concerns.

All comments matter! As Margaret Mead said, “Never doubt that a small group of thoughtful concerned citizens can change the world. Indeed it is the only thing that ever has.”

ACTION ALERT: Urge Governor Murphy & NJDEP to Deny Water Permit Applications for Compressor Station 206

2019 is the last phase of the permitting and regulatory process for NESE.

We’ve been at this for a long time, and now is a critical time to have your voices heard where they can make a difference.

THE BALL IS IN GOVERNOR MURPHY’S COURT!

FERC issued their final Environmental Impact Statement on 1/25/19. They claim that any impacts from NESE will be temporary or minor. Though we disagree and have sent comments about our concerns to FERC, we still continue to anticipate that FERC will issue the Certificate of Public Convenience & Necessity since FERC does not seriously consider all that we care about and has only rejected a few pipeline projects (because the company did not have buyers for the gas). The Certificate could be issued as early as the end of February and as late as late April 2019.

Now, it’s up to Governor Murphy and the NJDEP to deny or approve water permit applications. NJDEP can stop the assault on our health, safety and the environment posed by the NESE Project.

Williams/Transco submitted their water permit applications to NJDEP on June 20, 2018. They expect to receive the permits in April 2019, but NJDEP has one calendar year to provide or reject the permit applications.

The proposed Compressor Station 206 and pipeline under Raritan Bay will not be built if Williams/Transco does not get all permits needed from the New Jersey Department of Environmental Protection (NJDEP) & New York Department of Environmental Conservation (NYSDEC).

Please see the new summary of concerns with the NESE Project (PDFs attached) for:

TO DO

Urge Governor Murphy and the NJDEP to look at all aspects of the applications for water permits and hold Williams/Transco to high standards.

ACTION ALERT: Send Comments to NJDEP by November 20, 2018

DO SOMETHING YOU’LL BE THANKFUL FOR

Speak up for the health, safety & environment of your family, friends and future generations.

Deadline:  Tuesday, November 20, 2018

This is the last date that the NJDEP will consider comments on the Freshwater Wetlands Permit Application of Williams/Transco for the Compressor Station 206 and onland part of the pipeline by Raritan Bay.

REMEMBER:  If all permits are not obtained, the Compressor Station 206 and pipeline near and under the Raritan Bay cannot be built. 

Over 300 concerned residents went to the NJDEP Hearing on November 5, and the 3-minute comments were still being made past 11:00 PM.  That was an amazing showing, but more is needed.

As Abraham Lincoln said in the Lincoln-Douglas debate of 1858,

“Public sentiment is everything.
With public sentiment, nothing can fail; without it, nothing can succeed.”

This is the time for all to make their concerns known to the NJDEP.  The power of many is needed to stop the Northeast Supply Enhancement Project from creating risks to our health and safety.  Every comment matters!

COMMENT SAMPLES (.docx):

  1. Incomplete Application that is also not compliant with Stormwater Management Rules
  2. Application does not meet “public need” or “public interest” requirements – long & short versions
  3. Application has concerning impacts on wetlands
  4. Application threatens habitats for threatened & endangered species
  5. Health issues related to Freshwater Wetlands Permit Application
  6. Safety issues related to Freshwater Wetlands Permit Application
  7. Summary of Concerns with the Freshwater Wetlands Permit Application

As Margaret Mead said,

“Never doubt that a small group of thoughtful concerned citizens can change the world.
Indeed it is the only thing that ever has.”

ACTION ALERT: NJDEP Hearing Monday, November 5

NJDEP scheduled a Hearing for the Wetlands Permit Application for NESE and Compressor Station 206.  See the attached notice.

Show up to let NJDEP know what you think about the proposed Compressor Station 206 & the pipeline in Sayreville & Old Bridge that is planned to also go through Raritan Bay.

DATE:  Monday, November 5, 2018

STARTING TIME:  6:00 PM

PLACE:  Franklin Twp. High School – Auditorium – 500 Elizabeth Ave., Somerset, NJ 08873

Fact-Finding Meetings: 

  • NJDEP staff will facilitate the meeting.
  • People usually get 3 minutes to speak at a microphone in front of the group about their concerns, and a stenographer records it.  It’s not like the FERC meeting where you went into a separate room.
  • Pre-written comments can be submitted at the meeting & can be sent after the meeting.
  • We do expect that pro-NESE people will be there to voice their support (like they were at the FERC public meetings), so we want to have many concerned folks there to tell NJDEP why we do not want NESE.
  • You do not need to be there at 6:00, but if you want to speak, you’ll need to sign-up when you arrive.

Then, NJDEP will give a time period and address for sending them more written comments. 

NJDEP has 90 days after holding fact-finding meetings to issue their decision.

From another hearing, NJDEP provided the following directions:

PUBLIC HEARING RULES OF CONDUCT

The purpose of the hearing is to gather public comment from anyone who wishes to speak. Any action taken by any person that prevents the public from commenting is unacceptable and will not be tolerated. Anyone who violates these rules of conduct may be removed from the hearing.

  • No signs mounted on sticks, or otherwise attached to an object, are allowed within the auditorium
  • No food or drink is allowed within the auditorium
  • Please remain seated until called forward to provide comment
  • No interrupting when someone is speaking
  • No unruly/disruptive behavior (i.e. yelling, chanting, use of foul language)
  • Testimony will be limited to three minutes per speaker

The Department thanks you for your cooperation and participation in this public process

New Jersey’s Attorney General and others wrote to FERC about their Policies & Procedures.

New Jersey’s Attorney General joined with 6 other Attorneys General in a 36-page submission to FERC when FERC asked for input about revising their policies and procedures.  (on 7/25/18 on Docket No. PL18-1). In it, they detail and support their recommendations:

First, regarding project need, we recommend that the Commission assess need on a comprehensive, regional basis, and expand its analysis beyond the current dependence on precedent agreements, employing heightened scrutiny of precedent agreements with affiliates of project proponents.

Second, we urge the Commission to conduct a more thorough and robust NEPA analysis, comprehensively assessing on a regional basis the impacts of, and alternatives to, a proposed project, considering clean energy and other non-pipeline alternatives, thoroughly analyzing upstream and downstream greenhouse gas emissions, and considering state greenhouse gas emission-reduction policies.

Third, we recommend that the Commission consider environmental harm, including climate impacts quantified using the best available measure—the Social Cost of Carbon—and more heavily weigh the harm from use of eminent domain takings in its public interest assessment when balancing project benefits and harm in making a Certificate decision.

Fourth, we urge the Commission to better incorporate and consider state environmental and land use policies, no longer issue Certificates conditioned on later receipt of state certifications and permits under federal statutes, and to condition Certificates on obtaining and complying with state and local permits that do not unreasonably conflict with or delay approved projects.

Finally, we recommend that the Commission no longer issue partial notices to proceed with construction when Certificate rehearing requests are pending and limit the use and time of tolling periods for rehearing requests.

Click to read the full document from the Attorneys General (7/25/18, PDF)

Send comments to the NJDEP

  • Commissioner Catherine McCabe: Commissioner@dep.nj.gov
  •  Director Ruth Foster: Ruth.Foster@dep.nj.gov

Williams/Transco submitted new applications for water permits (Freshwater Wetlands, Flood Hazard Area Control, Coastal Wetlands, & Waterfront Development) on June 19, 2018.

  • Tell NJDEP that you want them to hold two (2) public fact-finding meetings – one by the Raritan Bay (Old Bridge / Sayreville) and one by the proposed Compressor Station 206 area (Franklin Township / South Brunswick).
  • Tell NJDEP that you expect them to deny the permits unless they obtain and carefully review all needed information and actually find that the proposed project would not cause harm to the environment, people or wildlife.
  •  Tell NJDEP that an increase in reliance on fossil fuels for energy does not support New Jersey’s goal to transition to renewables and clean energy.

Sign the letter to NJDEP and either mail it or give it to a member of the Task Force to mail
Click here for link to the letter to print, sign & mail

NOTE: A request for fact-finding meetings needs to be in writing to NJDEP and received in Trenton by August 3.