The reality of eminent domain
The current battle with the PennEast pipeline.
One dude is wearing a “Make America Great Again” hat. A woman gets out of a car with a well worn bumper sticker that appears to state “Obama ‘08”. An obnoxiously loud man slowly saunters into the building ready to argue with anyone who dares take him on; I swear I hear him say “I’m a libertarian man”. Another couple quietly keeps to themselves, both wearing a look of fear and dread and confusion as they do everything they can to avoid eye contact.
There are young and there are elderly. There are straight and there are gay. There are representatives from every walk of life.
This mix of folk looks like a recipe for some chaos on this wickedly cold January evening inside this small rural NJ municipal building. Everyone enters with a chip on their shoulder. There are no smiles.
It will get heated. It will get loud. And it will get emotional.
But they’ll all be one. They’ll all be united in the fight.
It would be a heartwarming tale if it wasn’t so fucking infuriating.
For close to four years now, we’ve been in a fight against the proposed PennEast Pipeline.
Here are the basics:
- PennEast is a private company made up of a group of natural gas industry companies who are collectively funding the construction and operation of this proposed pipeline.
- This pipeline is 36" in diameter and would carry a billion cubic feet of natural gas each day.
- It would be 100 miles long running from Northeast Pennsylvania and into Central New Jersey. Because it crosses state lines, it falls under federal jurisdiction.
Some other indisputable facts, IMHO:
- The natural gas will not be provided to any residence along the route.
- The majority of homes along the route get their water from a private well buried underground, not far from this behemoth of a pipeline.
- The pipeline would run through wetlands, taxpayer funded open space, backyards, near schools, along cliffs, underneath rivers and streams stocked with wildlife.
- PennEast, a private company, will be invoking eminent domain in order to take private property from homeowners if a “deal” cannot be reached.
- Eminent domain requires the proof of “need” and for the “greater good.”
- Studies have shown there is no need for any additional natural gas in the area. There is a huge supply already. There is no demand.
It has been a nightmare since day one.
The company has refused to engage concerned citizens and honestly address their questions outside of a few carefully staged dog and pony shows.
There have been numerous attempts by PennEast to illegally survey the lands of impacted homeowners even after the homeowners have refused consent in writing. It’s even been captured on video.
Integrity much?
The proposed route seemed to have been created on a whim without an ounce of research or knowledge of the area. It’s as if a bunch of dudes got together and we’re like “Look at all this green land. Piece of cake to stick a pipeline in there. We could make some serious cash. Draw me something up, and get me another beer.”
Never mind the fact that there are expansive wetlands.
Never mind the fact that there are taxpayer funded permanently protected open lands.
Never mind the unique topography of the region.
Never mind drilling under streams or the Delaware River or the Susquehanna River. We got this.
It’s not a stretch to imagine that the route was designed solely through Google Maps in a conference room.
The route itself has changed so many times and without apparent reason. It has always felt very bait and switch. At one point the pipeline was to go directly through our backyard and directly under the kids playground. It has since been moved off of our property and while that provided a sense of temporary relief for us, it just meant someone else had the honor of having their lives turned upside down.
There have been attempts to obtain easements from landowners through sticky notes sent in the mail. Real sticky notes. I’ve seen them. They’re purposely confusing and purposely intimidating. Those not aware of the fight have taken deals out of fear.
Stay classy PE.
And contrary to popular belief, these unfortunate people aren’t striking it rich. They’re getting a few thousand dollars for the convenience of never being able to sell their house in the future. They’re being paid a pittance to live in fear if god forbid the pipeline was to ever be compromised.
And even if the pipeline never comes to fruition (and it won’t), PennEast still owns that easement, that parcel of land, and can sell it to anyone they damn well please.
This meeting at the municipal building is called to inform the public, and more importantly, the impacted homeowners, that the federal government (FERC) had just approved the construction of the PennEast pipeline. Word had spread about this approval and people were starting to panic.
FERC rubber stamps all pipelines. Look it up. So it wasn’t a surprise but still a punch in the gut.
Even after years of mounting evidence supporting environmental concerns from the potential contamination of the water supply (again, these pipes are to run right next to wells) to the impact on endangered species to the not so outlandish possibility of a future earthquake as construction would be right on top of fault lines, to the wonder that is renewable energy options, FERC was still not swayed.
So the known next step was PennEast using the power of eminent domain to start getting on people’s land so they could complete surveys. The majority of landowners in New Jersey had refused to allow survey access in the early stages but now the government will provide PennEast with the right to get those surveys they need in order to apply for additional permits they must secure before construction can get started.
As I type this, PE is in effect suing hundreds of homeowners in court with the right to get on their land. People are terrified and rightfully so. They have no idea what to do next. So many don’t have the funds to afford a lawyer. And it will only get worse if in fact the pipeline is ultimately approved by all required agencies.
Their land is no longer theirs. And there’s nothing they can do about it. Once that pipeline is built, PE can come on to the land without prior notice whenever and however often they want. They can dig it up. Additional pipelines could be built within the same easement.
PE is also ramping up to be able to cut down trees before the project is approved. You read that right, BEFORE it’s approved. That has become precedent with these pipeline projects and if you’d like to get yourself all sorts of pissed off, read this. The pipeline was never approved and yet the family lost their entire livelihood. All while federal marshals stood by with guns to not protect the landowners.
The fight is only beginning now. While it’s great to see a united front with philosophical differences temporarily set aside, and great to see what communities can do when they pull together, it should still piss you the hell off. This can, will and has happened everywhere. And it will only get worse with our current administration in D.C.
But there is hope.
The state of New Jersey is holding strong in the fight against allowing a private company like PennEast to take public lands. The new administration that took office in January has made the environment a top priority. Signs are looking good already.
PennEast must obtain a 401 Water Quality Certification from the New Jersey Department of Environmental Protection (DEP) and to date, the DEP has held strong with the enforcement of these requirements. This is where the fight is centered these days. This is where it will get shut down. PE will not be granted any shortcuts.
We’ve got senators on our side and they aren’t standing by idly.
If you feel so inclined, please sign the petition below and help us push the NJ DEP to do the right thing.
And if you’re angry or concerned enough, check out the page below where there are additional petitions that can be sent to all agencies who will ultimately decide the outcome of this pipeline.
Thank you.
