For Immediate Release
Media Contact: Jackie Greger, Jackie.Greger@sierraclub.org
Sierra Club Reaction: Third Circuit Court of Appeals Rejects NJDEP Water Quality Certification for NESE Fossil Fuel Project
Trenton, NJ - Today, the Third Circuit Court of Appeals rejected the NJ Department of Environmental Protection’s (NJDEP) unlawful water certification for Williams Transco’s Northeast Supply Enhancement Project (NESE) fossil fuel project.
This decision removes the approvals needed for construction in New Jersey waters.
Williams Transco’s water quality permits for NESE were initially granted by NJDEP on November 7th, 2025, which approved the Freshwater Wetlands Individual Permit, Flood Hazard Area, Individual Permit, Flood Hazard Area Verification, Waterfront Development In-Water and Upland Individual Permits, and a Coastal Wetlands Permit in New Jersey.
On the same day last year, the NY State Department of Environmental Conservation (NYSDEC) also granted the project their permits.
Before making that decision in 2025, the NJDEP held just one public hearing for members of the public to voice their concerns. Hundreds of residents attended the hearing in opposition, and the Department was unable to hear from all of them due to lack of time.
On November 18th, the NJ Sierra Club joined a coalition of nonprofits to file suits against the NJDEP for unjustifiably approving the water quality certification.
NJ Sierra Club Director, Anjuli Ramos-Busot, made the following statement in response to today’s court victory:
“Today’s decision by the federal appeals court is a massive victory over the fossil fuel industry and a win for the Raritan Bay, local communities, and New Jersey’s environment. This decision tells us what we already knew, the DEP couldn’t prove that NESE will not harm our water quality and waterways.
The NESE project was set to destroy acres of state-regulated coastal wetlands and critical freshwater ecosystems, dredge up toxic chemicals from the Raritan Bay superfund site, and permanently harm the surrounding wildlife and their habitat in New Jersey. The water permit should have never been granted, especially as the permit applications were denied for the same exact project in 2019 and 2020.
New Jersey would not have received any benefit from the project, since the gas was supposed to be routed directly from Pennsylvania to Long Island, NY, only the pollution. We are glad the court was able to see right through it and has put the concern of the people over the interest of corporate polluters who are set on making a buck regardless of the risk to our public health and environment.
The Sierra Club thanks Eastern Environmental Law Center (EELC) and Natural Resources Defense Council (NRDC), and we are proud to stand alongside our fellow petitioners, NY/NJ Baykeeper, Princeton Manor Homeowners Association, Central Jersey Safe Energy Coalition, Food & Water Watch, and New Jersey League of Conservation Voters Education Fund.
We will continue to stay vigilant to ensure Williams Transco stops building this egregiously polluting and now unlawful project.”
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About the Sierra Club: The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information about our work in New Jersey, visit www.sierraclub.org/new-jersey