TRENTON, N.J., Dec. 14, 2018 /PRNewswire/ -- Opponents of the
PennEast pipeline decried a decision today from Judge
Brian Martinotti of the U.S.
District Court in Trenton to grant
the proposed pipeline full eminent domain rights to nearly 150
properties in New Jersey for a
pipeline that might never get built. This is the first
time state preserved lands have ever been condemned since the
NJ Natural Lands Trust was established in 1969.
"Today's ruling favored private interests over the public good
by letting PennEast — owned in part by New Jersey Resources and
South Jersey Industries — seize nearly 150 private and preserved
lands for its ill-advised pipeline before the State of New Jersey has decided whether it
will even be approved," said Tom
Gilbert, campaign director, New Jersey Conservation
Foundation (NJ Conservation). "We will continue the fight to
protect our land, water and communities from this unneeded,
damaging project."
"PennEast is trying to trample on our rights by taking land from
private homeowners, and lands set aside with taxpayer dollars for
our children and grandchildren. This will only strengthen the
public's opposition and resolve to ensure that this self-serving
project is rejected and they never get the chance to destroy
New Jersey's environment,"
continued Gilbert.
"We are really disappointed that the court felt that its hands
were tied, and had no choice but to allow PennEast to condemn these
lands. We continue to believe that PennEast is not entitled to
permanently seize lands at this stage, and are considering our
legal options," said Jennifer Danis,
senior staff attorney, Columbia
University Environmental Law Clinic.
"Allowing a private company to seize preserved lands that are
held in the public trust as well as privately-owned land for a
pipeline that may never be built tears at the faith and trust we
have placed in our legal system. For these open spaces and farms
that were preserved with taxpayer support for environmental and
agricultural purposes to be condemned for a pipeline that has no
water permit approvals is an egregious abuse of condemnation
power," said Patricia Ruby,
Executive Director, Hunterdon Land Trust.
The ruling by Judge Martinotti came in response to condemnation
complaints filed by PennEast to seize nearly 150 properties in
New Jersey owned by private
homeowners, the State of New
Jersey, Mercer County,
Hunterdon County, several
municipalities, NJ Conservation, and Hunterdon Land Trust.
The New Jersey Attorney General
called on the court to reject PennEast's demand to condemn more
than 20 parcels of state-owned open space and farmland that were
preserved with taxpayer dollars. PennEast had asked the court to
give the company title and immediate access to property the company
contends is needed to build its proposed gas pipeline — even though
PennEast does not have authorization to build its project.
NJ Conservation and Hunterdon Land Trust asked the court to stop
PennEast from seizing preserved land the two nonprofit
organizations own.
PennEast includes member companies New Jersey Resources ($NJR),
South Jersey Industries ($SJI), and UGI Corp ($UGI).
The state argued that PennEast's request for the rights to build
on the "preciously scarce" preserved lands the state owns and
manages was overly broad, that the federal court lacks jurisdiction
over the state, and that harm to the state's 60-year open space
program would be "irreparable" if PennEast's request is
granted.
"We appreciate the efforts of the Attorney General's office to
defend state lands that were set aside for the public, not pipeline
developers," said Gilbert.
PennEast was seeking to seize 149 of the 211 properties in the
path of the proposed pipeline in New
Jersey — nearly 70 percent. Out of 149 properties that would
be condemned, about 50 are preserved lands, more than 20 of which
the state owns in whole or in part.
PennEast's pipeline, if built, would damage 4,300 acres of
permanently preserved open space and farmland, habitat for state
threatened species, and over 30 pristine, protected streams.
Download a copy of Judge Martinotti's decision:
https://rethinkenergynj.org/wp-content/uploads/2018/12/Martinotti_PennEast_Decision_12.14.18.pdf
Click to tweet: Opponents of #PennEast pipeline vow
to continue fight after court grants PennEast's request to seize
private, preserved & state lands for an unapproved pipeline:
http://ow.ly/lAKZ30mZqNr @conservenj @rethinkenergynj @eelc_org
@HunterdonLandTr
About New Jersey Conservation Foundation (NJ
Conservation)
About Hunterdon Land Trust
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Environmental Law Clinic
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SOURCE New Jersey Conservation Foundation