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COURTS✒ EDITORIALABSURDITY:
Third Circuit pauses interstate gas pipeline over shoddy environmental review
Filed 14h ago · Via Courthouse News · The Buffoon Desk
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Kevin MacLeod · incompetech.com · CC BY 4.0
Photo: various · Public domain · via Wikimedia Commons
A Third Circuit panel vacated New Jersey's water quality certification for the Transco pipeline extension, finding the state agency approved dredging through Raritan Bay without requiring monitoring plans be reviewed before construction and without adequately explaining why toxic sediment disturbance wouldn't violate water standards.
The agency had rejected nearly identical Transco applications in 2019 and 2020, then approved a third submission in November 2025 containing largely the same information. The court found the agency deferred material compliance questions to post-approval plans it wasn't even required to review.
Judge Jane Roth, writing for the panel, said the agency's contaminant review covered only 500 feet around dredging sites and made unsupported claims about shellfish safety. The case now returns to the New Jersey agency, which can revise, resubmit, or try yet again.
The full dispatch is available from the source below.
✒ FROM THE EDITORIAL DESK
Two denials and then a sudden yes on the same paperwork is the kind of thing that makes a person wonder what changed besides the letterhead. A judge looked at the file and asked the same question any neighbor would ask about a permit that got approved without anybody checking the fine print. Now it goes back to the same agency that waved it through the first time, so don't put money on this being the last chapter.