On February 22, 2018, the Commission issued a “tolling order” in PennEast Pipeline Federal Energy Regulatory Commission proceeding.
In the tolling order, the Commission gave itself an indefinite extension of time to rule on requests for rehearing and stay, and allowed the project to continue (including allowing condemnation of residents’ homes and cutting down of trees), while attempting to block judicial review of the Commission’s orders on the grounds that its orders are not yet “final.”
Today, environmental lawyer, Dante DiPirro, filed papers on behalf of the Sourland Conservancy, a non-profit that protects the 90-square mile Sourland Mountain Region in Central New Jersey — contending that the Commission cannot allow harm while depriving parties of their day in court, and that rigging the process — which is what the tolling order is doing– is improper and contrary to law.
The papers conclude that the Commission must must act immediately to either: (1) rescind the Certificate of Public Convenience and Necessity (for all of the reasons set forth by the parties that requested rehearing and stay); or (2) rescind the Tolling Order, which would cause the requests for rehearing and stay to be deemed denied, thus allowing the parties to seek relief in the courts.
