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Independent regulatory commissions

FERC Sued Over Resurrected Gas Pipeline Project Ignoring Environmental Concerns

Strategic Insights

— 1 min read

A coalition of environmental groups and homeowners has sued the Federal Energy Regulatory Commission (FERC) over its decision to revive a previously abandoned and vacated gas pipeline project spanning New York, Pennsylvania, and New Jersey. The plaintiffs argue that FERC's evaluation of the project is inconsistent with the National Environmental Policy Act, the Natural Gas Act, and the agency's own standards. The lawsuit challenges FERC's rushed reissuance of the Transco certificate, which is based on an outdated approval from 2019 for the Northeast Supply Enhancement (NESE) gas pipeline.

Key Takeaways:

  • The lawsuit challenges FERC's reissuance of the Transco certificate for the NESE gas pipeline project, which spans New York, Pennsylvania, and New Jersey.
  • The plaintiffs argue that FERC's evaluation of the project is inconsistent with the National Environmental Policy Act, the Natural Gas Act, and the agency's own standards.
  • The lawsuit claims that FERC's application lacks essential information required by law and its own rules, including updated cost estimates and assessments of air quality and water quality impacts.
  • The plaintiffs assert that FERC's decision to revive the project will derail New York's climate targets, raise costs, and risk protected waterways.
  • Over 700 senior homeowners would be significantly and irreparably harmed if the proposed pipeline and compressor station are allowed to go forward.
  • The plaintiffs had previously filed a rehearing request in September 2025, which went unanswered, leading to the lawsuit.

Statistics:

  • 700: The number of senior homeowners who would be significantly and irreparably harmed if the proposed pipeline and compressor station are allowed to go forward.
  • 23 miles: The length of marine habitat that a NESE gas pipeline would needlessly slice through, resuspending contaminants in the Raritan Bay.
  • 2019: The year in which FERC issued the original approval for the NESE gas pipeline project.
  • 2025: The year in which Transco requested to resurrect the NESE pipeline project, despite lacking essential information required by law and its own rules.
  • 10 years: The duration for which environmental groups and homeowners have fought the project.

Sources:

  • Natural Resources Defense Council (NRDC)
  • Earthjustice
  • Eastern Environmental Law Center
  • NY/NJ Baykeeper
  • Food and Water Watch
  • New Jersey League of Conservation Voters
  • Sierra Club

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