Court Finds NESE Pipeline Permit Arbitrary, Fails to Show Compliance with State Water Quality Standards

PHILADELPHIA, PA – Today the Third Circuit Court of Appeals held that the New Jersey Department of Environmental Protection (DEP) unjustifiably approved a water quality certification for the Northeast Supply Enhancement (NESE) pipeline. The DEP had already twice rejected the project in 2019 and 2020 for its inability to comply with state water quality standards. NRDC (Natural Resources Defense Council) filed a lawsuit in November 2025, joined in a parallel suit brought by partners represented by the Eastern Environmental Law Center. The Court’s decision today vacated the unlawful certification, removing a key approval needed to build the pipeline through New Jersey state waters.

The following statement is from Jackson Garrity, attorney at NRDC:

“Today’s court ruling is a win for the waterways of New Jersey, the people who rely on them, and the rule of law. This pipeline would not only have destroyed wetlands across New Jersey, but also would tear up the sea floor of Raritan Bay. The DEP’s approval of the water quality permit failed to address key water quality concerns that the public has been raising for years. We took New Jersey to court to enforce the state’s water quality standards, and we won.”

Background: 

The proposed 23-mile segment of the NESE natural gas pipeline would have run from Lancaster County, Pennsylvania, through Middlesex and Monmouth counties in New Jersey, and on to New York City. The underwater segment beneath Raritan Bay and New York-New Jersey Harbor poses risks to marine habitats and would dredge up harmful materials such as mercury, PCBs, and copper. The project also includes a proposed compressor station near the Trap Rock Quarry in Franklin Township, NJ, threatening wetlands that support habitat for endangered species. Read more about NRDC’s position  here.

NRDC (Natural Resources Defense Council) is an international nonprofit environmental organization with more than 3 million members and online activists. Established in 1970, NRDC uses science, policy, law and people power to confront the climate crisis, protect public health, and safeguard nature. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Beijing and Delhi (an office of NRDC India Pvt. Ltd).