Environmentally Speaking: Clean Ocean Action Sues NJ Over Pipeline

Making waves. It’s what Clean Ocean Action (COA) is doing once again, as its organization tagline touts, in a tidal wave of an effort to protect the area’s water.

The environmental group on Monday filed a lawsuit appealing the state’s approval of a Tidelands Utility License for Williams/Transco’s Northeast Supply Enhancement (NESE) fossil fuel pipeline project.

The license would allow the construction of a six-mile natural gas pipeline through New Jersey’s Raritan Bay before entering New York waters and terminating on Long Island, where it will exclusively service New York customers. The New Jersey Tidelands Resource Council (TRC) and the New Jersey Department of Environmental Protection (NJDEP) both approved of the license.

New Jersey at Risk For Energy NY Doesn’t Need

“We’re not messing around — the decision to approve a Tidelands license for NESE is all harm and no gain for New Jersey.

“Why is New Jersey letting New Yorkcontaminate and damage our bay with toxins that will violate NJ’s public health, marine ecosystem, and economy, in exchange for cheap natural gas it doesn’t need? This is outrageous and defies logic and the law.”
Clean Ocean Action Executive Director Cindy Zipf,
former longtime Rumsonite and RFH graduate

Representing COA in the appeal is its longtime ocean protection counsel, Andrew J. Provence, Esq., of Litwin & Provence in Basking Ridge.

“This appeal involves the Tidelands Resource Council’s abdication of its duties to New Jersey residents and a violation of its authority,” Provence said. “There can be no compromise that excuses this conduct and allows State-owned tidelands to be used and damaged without any public benefit contrary to the statutes designed to prevent this outcome.”

Under New Jersey’s Tidelands Act, the TRC is legally responsible for ensuring that the use of the state’s underwater lands serves the public interest. These tidelands are public trust resources owned by the people of New Jersey. They play a critical role in supporting wildlife and sustaining the local economy, Zipf added.

The appeal comes after nearly a decade of strong public opposition to the NESE project from coastal communities, environmental organizations, elected officials, and residents who have consistently argued that the project serves private interests rather than the public good.

“This project was dead in the water, and for good reason,” Zipf said. “We hope this appeal will finally end this unlawful project once and for all — before it causes irreversible damage to our bay and ocean.”

— Edited press release from Clean Ocean Action