Delaware Riverkeeper Network Files Appeal Of Army Corps Of Engineers Permit For Gibbstown Project

On April 22, Earth Day, the Delaware Riverkeeper Network filed in the United States District Court for the District of New Jersey an appeal of the Army Corps of Engineers permit for the Gibbstown Dock 2 project, which would be the first major facility approved in our nation for the export of Liquefied Natural Gas (LNG) that is delivered to the facility by truck and railcar from the Marcellus Shale region of Pennsylvania.

The Army Corps of Engineers issued the permit on February 28, 2020, allowing the project to move forward. The Delaware Riverkeeper Network (DRN) argues that under the National Environmental Policy Act (NEPA), the Clean Air Act, and other laws, this permit should not have been issued.

The filing reads:

• “Throughout the permit process, the Corps has failed to involve the public in preparing and implementing its NEPA procedures. NEPA was mentioned in the April 4, 2019 Public Notice and the July 16, 2019 Supplemental Public Notice, but a draft EA was never circulated, and when the permit was ultimately issued, the February 28, 2020 Public Notice made no mention of the outcome of the Corps’ NEPA process.”
• “The Army Corps’ action in issuing a permit for the Dock 2 Project without preparing an EA as required by NEPA and its implementing regulations is arbitrary and capricious, an abuse of discretion, and otherwise not in accordance with law.”

“Every step of the way, the Delaware Riverkeeper Network has secured and released critical information hidden by the regulatory agencies such as the intention to use this site as a major LNG export facility, as well as highlighting the inexcusable lack of agency oversight and efforts to fasttrack the project through approvals without full, informed and accessible public participation. There is no reason why the Army Corps of Engineers should have issued a permit without performing any kind of Environmental Assessment or Environmental Impact Statement. The Delaware Riverkeeper Network is prepared to bring all actions necessary to challenge this ill-advised and dangerous project that will not only inflict harm on our River and communities, but becomes another contributor to advancing the devastating ravages of the climate crisis,” said Maya van Rossum, the Delaware Riverkeeper and leader of the Delaware Riverkeeper Network. “We will also continue to stand up for the public’s right to be involved in the process, especially with this dangerous LNG export project being the first of its kind in our region and the nation.”

“LNG export is fraught with danger and threatens pollution in every aspect of its development, from cradle to grave, demanding the highest level of scrutiny from agencies. It is outrageous that the Delaware Riverkeeper Network is having to go to such great lengths to secure the necessary review from the Army Corps of Engineers, the work they are responsible for carrying out but have failed to deliver. This project will also induce and support more fracking for gas across Pennsylvania, which is already inflicting harm on our environment and the health of communities,” said Tracy Carluccio, Deputy Director of the Delaware Riverkeeper Network.

The LNG export terminal (Dock 2) is a proposed expansion of the Gibbstown Logistics Center deepwater port, in Gibbstown, Greenwich Township, Gloucester County, NJ along the Delaware River. Dock 2 would be located next to the substantially completed Dock 1, both located on the highly contaminated former DuPont explosives manufacturing site known as the Repauno Plant. The applicant, Delaware River Partners, LLC, a subsidiary of New Fortress Energy, wants to use the site to receive Liquefied Natural Gas (LNG) by truck and eventually rail from points west (Bradford County in the Marcellus shale region in Pennsylvania), and export it by ships down the Delaware River for sale overseas. The terminal would also use the site to transport natural gas liquids (NGL) which would be offloaded to tanks and an underground cavern located on site that was used for anhydrous ammonia by DuPont, and then shipped out on the river.

A copy of the Delaware Riverkeeper Network filing can be found at: https://delawareriverkeeper.org/sites/default/files/Filed%20Complaint.pdf

About The Delaware Riverkeeper Network
Delaware Riverkeeper Network (DRN) is a nonprofit membership organization working throughout the four states of the Delaware River Watershed including Pennsylvania, New Jersey, Delaware and New York. DRN provides effective environmental advocacy, volunteer monitoring programs, stream restoration projects, public education, and legal enforcement of environmental protection laws.