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: 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 – NJDEP Update

NJDEP has heard from us about issues with the Freshwater Wetlands Permit Application. 

  • See the attached transcript of the comments (PDF) at the November 5, 2018 hearing at Franklin High School.
  • By November 20 (the deadline to send comments to NJDEP about this permit), over 1,000 comments were sent. 

NJDEP is still reviewing the permit applications and asking Williams/Transco for more information.  Permits are needed from NJDEP for Freshwater Wetlands, Flood Hazard Area, Coastal Wetlands and Waterfront Development.

  • None of the applications have been deemed to be “technically complete”.
  • Applications were received by the NJDEP on June 20, 2018, and they have one calendar year to either grant or deny each permit.

NJDEP stated that there will be another hearing, but the details have not been publicized.  We suspect that the next hearing will be in Old Bridge or Sayreville.

ACTION ALERT: Review NJDEP Application Documents

For the NJDEP hearing, you can review application material from Williams/Transco to NJDEP at:

https://drive.google.com/drive/folders/1Bm6kTq6Fv0JJIC-ra2pOXBH5SPYGWf0c?usp=sharing

These were obtained from the NJDEP through an OPRA request.

The hearing on November 5 is for the Freshwater Wetlands application.

Application for Freshwater Wetlands

Read full ACTION ALERT for the November 5 meeting on TAPinto

Note:  Files on the Google drive with “2017” contain material from the original application that was withdrawn.  The current applications, submitted June 20, 2018, should be marked as 2018.  Not all files are clearly labeled, however.

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)