Rep. Malinowski Statement in Response to the U.S. Supreme Court Ruling in Favor of PennEast

June 29, 2021
Press Release

“Today, the U.S. Supreme Court ruled in favor of a pipeline company and against the people of New Jersey – an unwise decision to permit an economically unneeded project that threatens extreme harm to the environment and violates the rights of many of my constituents. Dissenting justices were right when they wrote that ‘[t]he eminent domain power belongs to the United States, not to PennEast…’ While disappointing, PennEast still faces many regulatory hurdles and this fight is far from over. I will continue to do everything in my power to stop this pipeline from being built.”

Since coming to Congress, Congressman Malinowski has been steadfast in his opposition to the PennEast pipeline.

  • In May 2021, he wrote to President Biden to express his grave concerns about the pipeline, and to urge his administration to review the Federal Energy Regulatory Commission’s (FERC) interstate gas pipeline certification process.
  • In May 2021, he submitted a formal comment to the FERC docket concerning the natural gas infrastructure certification process.
  • In April 2021, he reintroduced legislation to amend the Natural Gas Act to prevent pipeline companies from using eminent domain to take land from private citizens and to start making changes to it – such as cutting down trees – until they have obtained all of the federal and state permits necessary for the construction and operation of a pipeline project. This bill passed the House late last year and was included again in the Climate Leadership and Environmental Action for our Nation’s (CLEAN) Future Act, which was re-introduced by House Energy and Commerce Committee leadership earlier this year.
  • In May 2020, he introduced legislation to ensure that landowners are able to exercise their legal right to challenge energy projects that disrupt their property prior to construction.
  • In April 2020, after PennEast filed an amendment requesting to construct the pipeline in two phases, he urged FERC to reject PennEast’s request because it amounted to a wholly new project and, therefore, required FERC to do a full application review under Section 7 of the NGA, a needs analysis of the project’s economic viability, a review of the precedent agreements, and an environmental review under the National Environmental Policy Act.
  • In October 2019, he sent a letter to FERC urging it to immediately issue a stop work order for all of PennEast’s land-clearing and construction-related activities. 
  • In August 2019, he called on the New Jersey Department of Environmental Protection to reject PennEast’s re-application for the Freshwater Wetlands and Water Quality Permits needed to move the project forward.