FERC Certificate Challenge by DRN
January 24, 2018, the Delaware Riverkeeper Network filed a rehearing request challenging the FERC Certificate issued approving the PennEast Pipeline Project. The FERC Certificate was issued at 8:20 pm on January 19, 2018.
A Rehearing Request must be submitted and denied before a legal challenge in court can be pursued. FERC has 30 days to respond to the request.
Delaware Riverkeeper Network also submitted to FERC a Motion for Stay to halt construction and any other land disturbance pending the rehearing request.
The Rehearing Request, Motion for Stay, and associated press release can be found below.
On February 22, 2018 FERC issued a tolling order in response to our rehearing request, placing our organization in legal limbo as it was neither a grant nor denial of our rehearing request.
On March 15, 2018 the Delaware Riverkeeper Network submitted a rehearing request on the 2/22/2018 tolling order. As expected, FERC issued a tolling order on this rehearing request on April 13, 2018. Again, seeking to use this legal loophole strategy FERC has created to continue to prevent our access to the courts.
On May 9, 2018, the Delaware Riverkeeper Network filed for a writ of mandamus seeking a court order that FERC respond affirmatively to our rehearing requests and also seeking to challenge the FERC final decision despite the tollling order.
All filings and documents can be found below.