PETITION OF SOUTH JERSEY GAS CO.

Docket Nos. A-1685-15T1, A-2705-15T1, A-2706-15T1.

149 A.3d 13 (2016)

447 N.J. Super. 459

In the MATTER OF the PETITION OF SOUTH JERSEY GAS COMPANY for A Determination Pursuant to the Provisions of N.J.S.A. 40:55D-19. In the Matter of the Petition of South Jersey Gas Company for A Consistency Determination for a Proposed Natural Gas Pipeline.

Superior Court of New Jersey, Appellate Division.

Decided November 7, 2016.


Attorney(s) appearing for the Case

Mariel R. Bronen of the New York bar, admitted pro hac vice, argued the cause for appellant Pinelands Preservation Alliance (Dechert LLP, attorneys; Ms. Bronen, George G. Gordon and Roxanne R. Wright , on the brief).

Renée Steinhagen argued the cause for appellants New Jersey Sierra Club and Environment New Jersey (New Jersey Appleseed Public Interest Law Center, attorneys; Ms. Steinhagen, on the brief).

Ted Nissly (Fried, Frank, Harris, Shriver & Jacobson LLP) of the Washington, D.C. bar, admitted pro hac vice, argued the cause for amici curiae Brendan T. Byrne , James J. Florio , and Christine Todd Whitman (Mr. Nissly and Cole Schotz, P.C., attorneys; Christopher P. Massaro and Mark J. Pesce , of counsel and on the brief; Mr. Nissly, Douglas Baruch (Fried, Frank, Harris, Shriver & Jacobson LLP) of the Washington, D.C. bar, admitted pro hac vice, and Mary Elizabeth Phipps (Fried, Frank, Harris, Shriver & Jacobson LLP) of the New York bar, admitted pro hac vice, on the brief).

Caroline Vachier , Deputy Attorney General, argued the cause for respondents New Jersey Board of Public Utilities and New Jersey Pinelands Commission ( Christopher S. Porrino , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Ms. Vachier, Helene P. Chudzik , Geoffrey R. Gersten and Timothy P. Malone , Deputy Attorneys General, on the brief).

Ira G. Megdal argued the cause for respondent South Jersey Gas Company (Cozen O'Connor, P.C., attorneys; Mr. Megdal, Peter J. Fontaine and Mark A. Lazaroff , on the brief).

John G. Valeri, Jr. , argued the cause for respondent-intervenor R.C. Cape May Holdings, L.L.C. (Chiesa Shahinian & Giantomasi, P.C., attorneys; Mr. Valeri and Michael K. Plumb , on the brief).

James W. Glassen , Assistant Deputy Rate Counsel, argued the cause for respondent Division of Rate Counsel ( Stephanie A. Brand , Director, New Jersey Division of Rate Counsel, attorney; Mr. Glassen, on the brief).

Before Judges Yannotti, Fasciale and Gilson.


The opinion of the court was delivered by

These appeals arise from a proposal by South Jersey Gas Company (SJG) to construct a natural gas pipeline through several municipalities in the Pinelands Area. On December 14, 2015, Nancy Wittenberg, Executive Director of the Pinelands Commission (Commission), issued a letter finding...

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