Protecting the Coastal Zone from Liquefied Natural Gas In the Delaware River
The
Center’s arguments have prevailed in at least temporarily halting
British Petroleum’s bid to build a massive Liquefied Natural Gas (LNG)
transfer and gasification facility in Logan Township, New Jersey. The
facility involves major on-shore facilities and an off-shore docking
facility for LNG supertankers in the Delaware River. LNG has
significant explosive potential in the event of accident and the
proposed project has many residents in the tri-state area nervous.
In
October 2004, MAELC intervened on behalf of Sierra Club in proceedings
before the Federal Energy Regulatory Commission (FERC). In January
2005, MAELC prepared a legal memorandum detailing how the docking
facility was a bulk product transfer facility prohibited under Delaware’s
Coastal Zone Act (CZA). Both the Sierra Club and MAELC submitted that
memo to the Secretary of DNREC in opposition to BP’s Request for a
Status Decision under the CZA. On February 3, 2005, the Secretary
agreed with MAELC’s analysis and ruled the docking facility prohibited
under the CZA. During BP’s appeal of the Secretary’s decision, the
state’s Coastal Zone Industrial Control Board (CZIB) specifically cited
and thanked MAELC for its legal analysis and requested that MAELC
provide public comment to assist the CZIB in its decision. In addition,
DNREC’s attorneys utilized the Center’s arguments in the defense of the
Secretary’s decision before the CZIB. On March 31, 2005, the CZIB voted
6-0 to uphold the decision to deny BP the right to proceed.
This
matter remains active before the FERC, and Congress may step in to
override state laws such as the CZA in order to promote numerous new
LNG facilities around the nation.
|