The U.S. Court of Appeals for the 2nd Circuit upheld New York’s Clean Water Act permit for Williams’ Northeast Supply Enhancement (NESE) pipeline project on Friday, a decision that could prove important as a decision appealing the same water quality permit approval in New Jersey awaits.
Friday’s ruling in the case of Raritan Baykeeper, et al. v. New York State Department of Environmental Conservation determined that New York adequately justified its reversal from a 2020 denial of the project because state regulators properly addressed environmental concerns in the updated application, thus allowing the project to proceed.
Environmental groups have been challenging the water quality certification (WQC) in New York and New Jersey for the natural gas pipeline.
NJBIA is an amicus in the 3rd Circuit case, supporting the New Jersey Department of Environmental Protection issuance of a water quality certificate for the project.
The NESE project will deliver natural gas from Pennsylvania through New Jersey to New York City via new pipelines beneath Raritan Bay and New York Harbor.
Although the project does not serve New Jersey utility customers, the state will benefit economically from the construction phase of the project, including direct and indirect job creation and an increase in state and local tax revenue.
According to a fact sheet from Williams, the NESE project will deliver $1.8 billion in economic development to Pennsylvania, New Jersey and New York and directly support