LNG Export Facility Subject Of Two Legal Actions

The Delaware Riverkeeper Network filed a hearing request with the Delaware River Basin Commission (DRBC) this morning formally requesting that the agency revisit its June 12 approval of a docket for the Delaware River Partners, LLC (“DRP”) Gibbstown Logistics Center Dock 2 project. The hearing request asserts that the DRBC violated its governing Compact and regulations when it approved the project without having “full information on impacts on water resources to the Basin”, and that the DRBC failed to “address the full scope of impacts” including harms to water resources from the construction and operation of the project, as well as its intended use for exports of Liquified Natural Gas (LNG).

The Delaware Riverkeeper Network also filed an appeal with the Federal Energy Regulatory Commission (FERC), dated July 10, asserting that the agency unlawfully failed to provide documents requested pursuant to the Freedom of Information Act (FOIA) regarding the proposed Gibbstown LNG Export facility. The FOIA appeal details the great lengths the Delaware Riverkeeper Network went to in order to secure any documents in the possession of FERC and in the end was simply referred to the agency’s website.

“The agencies seem to be engaged in some sort of loosely coordinated effort to approve the New Fortress Energy LNG export operations at all costs, and to make sure the public is denied full information and any meaningful opportunity to challenge it. But we are not going to let them get away with it,” said Maya van Rossum, the Delaware Riverkeeper and leader of the Delaware Riverkeeper Network. “The Delaware Riverkeeper Network is prepared to bring all actions necessary to challenge this ill-advised project that will not only inflict harm on our River and communities, but becomes another contributor to advancing the devastating ravages of climate change in our region, nation and world. The project itself will become a driver of climate change and environmental harm, but it will also induce and support the fracking for gas across Pennsylvania that is inflicting such devastating harm on our climate, as well as the water, air, environment and communities where it is happening.”

According to a May 28 letter from the Delaware Riverkeeper Network to multiple regulatory agencies, including the DRBC, the public was not told about the intended LNG export uses of the site nor given information on the full array of impacts that would be inflicted by the project. In response, at the one hearing held by the DRBC on June 6 about the project, the DRBC admitted the LNG export function intended by the project, but provided no additional information or time for public review and comment, and unanimously approved the project 4 business days later, on June 12.

“It is outrageous that the Delaware Riverkeeper Network is having to go to such great lengths to secure basic information on the proposed New Fortress Energy LNG export facility in Gibbstown and to secure full, fair and legally compliant reviews from our regulatory agencies. It adds insult to injury for the agencies to admit we were right about the LNG aspects of the project and to approve it without providing full and fair review and full and fair opportunity for the public to comment on the project,” said Tracy Carluccio, Deputy Director of the Delaware Riverkeeper Network.

Delaware River Partners (DRP) is the applicant for the Dock 2 project, which would support the export of LNG and natural gas liquids carried out by the company known as New Fortress Energy. Originally billed as a warehouse-type terminal with one dock and one berth, the Center was going to handle automobiles, dry and refrigerated cargo. Bulk liquids such as natural gas liquids (NGL), like propane and butane, would be stored on site, utilizing the old cavern built by DuPont for the manufacture of explosives decades ago. NGL was to be exported by ship down the Delaware River to overseas ports. Since 2016, Delaware Riverkeeper Network and other organizations (NJ Sierra Club, Clean Water Action, and Environment New Jersey) opposed the project for environmental reasons and in opposition to the export of fracked natural gas liquids. The Gibbstown Logistics Center Dock 1 project was nonetheless approved. The new proposal by DRP for the additional dock and berths is supposed to reflect New Fortress Energy’s revised market plans – to concentrate on Liquefied Natural Gas (LNG) and NGL. LNG would be brought to the site by truck and rail, itself a dangerous aspect of the proposal.

While the project has approval from the DRBC – the approval being challenged by the Delaware Riverkeeper Network’s filing of today – it still lacks site plan approval from the township for the new intended design and use, there are multiple outstanding state permits, the US Army Corps of Engineers has yet to provide needed approval, and the Coast Guard has yet to undertake the required Waterway Suitability Assessment. In addition, the Delaware Riverkeeper Network believes that Federal Energy Regulatory Commission and Department of Energy action is required as well, something Delaware River Partners denies.

Last night, on July 10, at a standing room only meeting that flowed into the hallways of the local library, the Delaware Riverkeeper Network, NJ Sierra Club, Clean Water Action, Environment New Jersey, and Food & Water Watch sought to provide basic information to the community about the project and to answer questions.