Nonprofits, Homeowners, and Conservationists Sue FERC for Reissuing Vacated Gas Pipeline Certificate

Nonprofits, Homeowners, and Conservationists Sue FERC for Reissuing Vacated Gas Pipeline Certificate

FERC's unlawful resurrection of Transco's zombie gas pipeline threatens communities

Contacts

Alexandria Trimble, Earthjustice, [email protected]

Emily Deanne, NRDC, [email protected]

A coalition of nonprofits, homeowners, and conservationists sued the Federal Energy Regulatory Commission (FERC) today for resurrecting Transco's previously abandoned and vacated gas pipeline project spanning New York, Pennsylvania, and New Jersey.

Plaintiffs challenge FERC's rushed reissuance of Transco's certificate based on an outdated approval from 2019 for the Northeast Supply Enhancement (NESE) gas pipeline. FERC's evaluation of the NESE project is inconsistent with the National Environmental Policy Act, the Natural Gas Act, and FERC's own standards.

Transco's 2025 request to resurrect the NESE pipeline contained none of the basic information required by law and FERC's own rules. Its application lacked elements like updated 2025 cost estimates for the project, an assessment of the project's air quality impacts based on current standards, or an explanation for how the company plans to avoid violating water quality standards. The company's claims that nothing has changed since FERC issued the original certificate in 2019 does not reflect reality, and FERC must assess the project's actual environmental harms and the current need for more gas before it can decide whether to approve it.

"FERC's reissuance of the NESE certificate is a bunch of sorcery," said Moneen Nasmith, Director of National Climate, Fossil Fuel Infrastructure at Earthjustice. "FERC doesn't have the power to reanimate a zombie gas pipeline that the company abandoned years ago. It can't make up for its lack of statutory authority by pretending like nothing has changed in the more than six years since FERC last reviewed the project."

"FERC has zero legal authority to resurrect this dead and abandoned project," said Gillian Giannetti, senior attorney at NRDC (Natural Resources Defense Council)."The application fails to follow the basic steps required by the Natural Gas Act. FERC's reckless rubber-stamping of the unnecessary NESE pipeline is not only legally indefensible, but will derail New York's climate targets, raise costs, and risk protected waterways. The project would also negatively impact New Jersey, despite providing no gas to the state. It might be Halloween, but this zombie needs to stay in the pipeline cemetery."

"The dirty, unneeded NESE gas pipeline expansion project would harm the communities and fragile natural resources in its path while deepening our reliance on climate-altering fossil fuels," said Chris Miller, executive director of Eastern Environmental Law Center."Eastern Environmental Law Center is proud to stand with our partners in the fight to stop NESE and hold regulators accountable."

"A NESE gas pipeline would needlessly slice through 23 miles of marine habitat resuspending copper, mercury and other contaminants in the Raritan Bay where we fish, boat and recreate," said Greg Remaud, executive director of NY/NJ Baykeeper. "FERC greenlighting this contamination for a gas pipeline we don't need is wrong."

"By approving this dangerous pipeline once again, FERC has ignored both the law and the communities who have fought the project for nearly ten years," said Erin Doran, senior staff attorney at Food & Water Watch."Challenging FERC's approval is necessary to defend our climate, our waterways, and the people who live near the project area."

"More than 700 senior homeowners would be significantly and irreparably harmed if the proposed NESE pipeline and its compressor station are allowed to go forward," said Ronald Waetzman, secretary and former president of the Princeton Manor Homeowners' Association. "This is our home. Our health, safety, and the financial viability of our community is at stake."

"At a time when working families are facing higher energy costs, the unneeded and dangerous NESE pipeline will only drive costs higher and enrich billionaire oil and gas CEOs at the expense of our pocketbooks, health, and safety," said Ed Potosnak, executive director of the New Jersey League of Conservation Voters.

"FERC violated its own rules by reissuing the expired certificate for the NESE pipeline, railroading a reckless project that it knows conflicts with established water quality and environmental standards," said Roger Downs, Conservation Director of the Sierra Club Atlantic Chapter. "At the very least, FERC must do the work to evaluate the project based on its current day impacts - not outdated and flawed studies."

The plaintiffs previously filed a rehearing request in September 2025petitioning FERC to rescind its reissuance of the NESE certificate, require Transco to file a new application for the project, and adequately evaluate the project's environmental harms. The rehearing request went unanswered, therefore the plaintiffs challenged FERC in the U.S. Court of Appeals for the District of Columbia.

Earthjustice and the Eastern Environmental Law Center filed the challenge on behalf of Central Jersey Safe Energy Coalition, Food & Water Watch, New Jersey League of Conservation Voters Education Fund, NY/NJ Baykeeper, Princeton Manor Homeowners Association, and Sierra Club, with co-litigant NRDC.

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