PA 401 Certification

Overview

February 7, 2017 the PADEP issued 401 Certification for the PennEast pipeline.  The Certification was formally noticed in the February 25, addition of the PA Bulletin.  February 28 the Delaware Riverkeeper Network submitted a Petition for Review to the US Court of Appeals for the Third Circuit.  (Appeal filed below).  

July 13, 2017 the Delaware Riverkeeper Network’s legal counsel argued in court that the third circuit should send the case back to the PA Environmental Hearing Board for review and identifying the myriad of ways that the oranization and its members had been denied critical rights as a result of the cart before the horse process the state, supported by PennEast, was utilizing.  To learn more about the arguments of the organization see the reply brief filed 8.7.17 below.

History of the Certification:

In a May 14, 2016 public notice PADEP announced its intent to issue a 401 Water Quality Certification pursuant to the Clean Water Act for the PennEast Pipeline Project.

A second request for comment was filed August 27, 2016, with a second 30 day comment period on what appears to be the identical filing of materials in May.

Key portions of the Application Submission and the public notice can be found in the resources below.

Additionally below you can find the comments and expert reports submitted by the Delaware Riverkeeper Network making the case to the state that they should deny the PennEast pipeline the Clean Water Act 401 Certification approval it is seeking.