As Gov. Hochul Considers Fracked Gas Pipelines, Homeowners, and Conservationists Sue FERC

Albany, N.Y. —

Yesterday, a coalition of nonprofits, homeowners, and conservationists sued the Federal Energy Regulatory Commission (FERC) for resurrecting Transco’s previously abandoned and vacated Northeast Supply Enhancement (NESE) gas pipeline project spanning New York, Pennsylvania, and New Jersey.

As this case moves forward, Governor Hochul must decide whether to issue a water quality certification for the pipeline. That permit, which the New York State Department of Environmental Conservation (DEC) already has denied three times, is solely within New York’s jurisdiction. Nothing in Transco’s application has changed and neither has the law and science that DEC relied on when it last denied the permit in 2020. The Governor must continue to protect New York’s water quality and not trade it for political advantage.

“At a time when the Trump administration is waging war against renewable energy across the country, New York should be prioritizing the development of those energy sources, not natural gas pipelines. It is irresponsible for the state to approve a pipeline NYSDEC has already rejected on three separate occasions. New York has the authority and the obligation to protect our access to a clean environment, and we must exercise that authority to safeguard the health and well-being of our communities,” said Rep. Dan Goldman.

“NESE is not only unnecessary and dirty, it’s also very expensive — National Grid ratepayers will be on the hook for at least $1.4 billion, and likely much more. And just like the three other times when DEC rejected this exact same project, the damage from this pipeline to New York’s waters and marine ecosystems would be immense. I urge Governor Hochul not to force regular New Yorkers to subsidize Donald Trump’s Big Oil agenda — she must reject NESE now,” said Senator Liz Kruger.

“While the federal government acts unlawfully and refuses to acknowledge that a dead approval from 2019 cannot be resurrected, New Yorkers expect Governor Hochul to uphold the law and protect their health and well-being. If the Governor is serious about fighting back against the President’s efforts to destroy water and environmental protections, she won’t play politics with people’s lives, but instead she will make decisions consistent with the science, including denying the water permit for the NESE pipeline,” said Liz Moran, New York Policy Advocate at Earthjustice.

About the lawsuit against FERC

Plaintiffs challenge FERC’s rushed reissuance of Transco’s certificate based on an expired and vacated approval from 2019 for the NESE gas pipeline. FERC’s evaluation of the NESE project is inconsistent with the National Environmental Policy Act, the Natural Gas Act, and FERC’s own rules.

There is no process for FERC to resurrect approvals that FERC previously vacated. The law requires that Transco submit a new and updated application. The company’s claims that nothing has changed since FERC issued the original certificate in 2019 do not reflect current realities, and ignore that both New York and New Jersey found in 2020 that they could not issue necessary permits under the Clean Water Act, because construction of the pipeline would degrade water quality. FERC must assess the project’s actual environmental harms and the current need for more gas before it can decide whether to approve it.

The plaintiffs previously filed a rehearing request in September 2025 petitioning FERC to rescind its reissuance of the NESE certificate, require Transco to file a new application for the project, and adequately evaluate the project’s environmental harms. FERCs time to grant that request expired after 30 days, therefore, the plaintiffs challenged FERC in the U.S. Court of Appeals for the District of Columbia.

Earthjustice and the Eastern Environmental Law Center filed the challenge on behalf of Central Jersey Safe Energy Coalition, Food & Water Watch, New Jersey League of Conservation Voters Education Fund, NY/NJ Baykeeper, Princeton Manor Homeowners Association, and Sierra Club, with co-litigant Natural Resources Defense Council.