An environmental organization is suing a regional regulator for extending a construction permit for a liquefied natural gas (LNG) export terminal in southern New Jersey. This action signifies a significant development in the long-standing conflict over New Jersey’s first proposed LNG plant.
The Delaware Riverkeeper Network claims that the Delaware River Basin Commission (DRBC) violated its rules in September by granting the terminal developer five more years to complete the project, known as Dock 2, on the Delaware River in Gibbstown, near Philadelphia. This marks the second extension in three years.
The developer, Delaware River Partners (DRP), affiliated with New Fortress Energy, did not respond to requests for comment regarding the lawsuit or their plans for the LNG terminal.
The plaintiff argues that the DRBC contravened its “comprehensive plan”—a framework established in 1961—by determining that the developer had not materially altered its plans since 2019, thus justifying the extension.
“The condition of the project has not changed in a manner important to determining whether the project would substantially impair or conflict with the commission’s comprehensive plan,” stated the commission in a Sept. 10 resolution.
However, Delaware Riverkeeper Network contends that the agency lacked the legal authority to extend the permit after initially doing so in 2022.
“It is clear that this LNG project should not have been given yet another lifeline by the DRBC that leaves our communities under its continuing threats of harm, requiring that the Delaware Riverkeeper Network has no choice but to file this lawsuit in defense,” said Maya van Rossum, leader of the group, after filing the suit in federal court in New Jersey on Oct. 10.
The terminal plan faces strong opposition from environmental and civic groups in Pennsylvania and New Jersey. LNG would be transported through both states before being shipped for export. Opponents argue transporting explosive fuel poses dangers to residents along a 200-mile route from a planned liquefaction plant in Wyalusing, Pennsylvania, to the Gibbstown terminal.
Critics also claim that increased natural gas production from Pennsylvania’s Marcellus Shale will escalate global carbon emissions amid worsening climate change.
The developer initially planned to transport LNG by truck or train, but a longstanding national ban on rail shipments, reinstated in 2023 by the Biden administration, now restricts DRP to truck transport only.
The Delaware Riverkeeper Network asserts that the DRBC lacks authority to grant another permit extension until June 2030. They claim the developer cannot ship LNG by rail and note the new inclusion of underground caverns for propane and butane storage at the Gibbstown site, violating DRBC rules.
Furthermore, the group asserts that the developer has not “diligently” pursued the project, citing “market conditions and other factors” to justify delays.
Tracy Carluccio from Delaware Riverkeeper Network noted the developer’s shift from a liquefaction plant to an energy center but stated that the permit extension suggests DRP still plans to build the terminal despite prolonged opposition.
Kate Schmidt, DRBC spokeswoman, declined comment on pending litigation but mentioned that DRBC commissioners, including governors of Pennsylvania, New Jersey, New York, and Delaware, agreed unanimously in September that no material changes to the project had occurred since its initial application.
The commissioners indicated that underground caverns do not constitute a substantial project change.
Construction is now allowed from Sept. 15 to March 15, outside the U.S. Army Corps of Engineers’ restricted period to protect the endangered Atlantic sturgeon.
Across the Delaware River in Chester, Pennsylvania, expectations rose for another LNG export terminal after U.S. Senator Dave McCormick’s op-ed revealed plans for a $7 billion facility near Chester.
The Pennsylvania House Committee on Environmental and Natural Resource Protection has scheduled a Nov. 5 public hearing in Chester to discuss the plans.
If constructed, the New Jersey and Pennsylvania terminals would join other U.S. LNG export sites, primarily located on the Gulf Coast in Louisiana and Texas. Former President Donald Trump advocated for increased LNG exports as part of his fossil fuel policies.
Original Story at insideclimatenews.org