First Circuit Vacates Air Permit for Algonquin Compressor Station

Link to Actual Case (PDF) In Town of Weymouth v. Mass. Dept. of Env. Prot., 2020 WL 2904672 (1st Cir. 2020), the First Circuit vacated and remanded an air permit issued by the Massachusetts Department of Environmental Protection (“DEP”) to Algonquin Gas Transmission, LLC (“Algonquin”) for its proposed compressor station in Weymouth Massachusetts.  Although the permit is being sent back to DEP for further review, the Court narrowed the issues on remand by ruling on the merits of each of the petitioners’ claims, finding in DEP’s favor on all but one. The only issue for DEP on remand is whether an electric motor is the Best Available Control Technology (“BACT”).  The Court’s opinion provides important guidance for pipeline companies that are seeking to expand capacity on their systems through compression. Algonquin’s proposed compressor station, which received a certificate of public …

Rutter & Roy Secures Appellate Victory

Rutter & Roy recently secured an appellate victory on behalf of its client in connection with the State of New Jersey’s Manasquan Inlet to Barnegat Inlet Hurricane and Storm Damage Reduction Project (the “Project”).  Following the Superior Court’s issuance of final judgments authorizing the State, by the Department of Environmental Protection, to take easements by way of eminent domain in connection with the Project, multiple commercial landowners (the “Defendants”) appealed from those judgments.  In so doing, the Defendants raised several arguments challenging the State’s right to secure the easements.  In two of the underlying cases, the Superior Court inserted language in the final judgments that clouded the rights secured pursuant to those judgments, prompting the State to file cross-appeals in those matters seeking to have that language removed.  Rutter & Roy’s Brian W. Keatts argued the case on behalf of …

Takeaways from our “Getting Projects Built” Webinar

On November 14, Rutter & Roy’s Managing Partner Christine Roy was joined by Sara Mochrie, the Deputy Director of Ecology & Environment and Principal biologist, and presented the WCEE-sponsored webinar, “Getting Projects Built: A Look at How NJ Does It in a Tightly-Regulated Landscape.” We’ve put a few selected takeaways from the webinar: Consultants matter more than ever. Picking the right consultants with recent relevant experience, and who are well-regarded by the permitting agencies. They also must be collaborative, take an interdisciplinary approach, and communicate directly with the agencies. Jurisdictional determination is key to a successful project. From assessing potential routes to identifying State-held property… Careful review and analysis must be done. New Jersey has special hurdles that must be overcome. Examples include Ogden-Rooney Process, Green Acres Diversion, Preserved Farmland, Natural Areas System Act, No Net Loss Reforestation Act, and …

WEBINAR: Getting Projects Done: A Look at How New Jersey Does It in a Tightly-Regulated Landscape

A complimentary webinar featuring Rutter & Roy managing partner Christine Roy, Esq. and Sara Mochrie, Deputy Director of Ecology & Environment Date: November 14, 2019 Time: 12:00-1:00pm EST Join us for a free webinar featuring regional case studies of infrastructure permitting challenges and solutions from practitioners in the field. The Northeast, and New Jersey specifically, has some of the nation’s most rigorous regulatory and permitting requirements for energy infrastructure projects.  Register to learn how practitioners move complex energy projects, such as wind or pipelines, from planning to construction in this tightly-regulated environment.  Longtime environmental and energy lawyer Christine Roy and Sara Mochrie, energy and ecology expert, will discuss how they effectively navigate their clients through onerous and often choppy terrain so that their clients get the permits and approvals to get project built.  Panelists: Christine Roy, managing partner of Rutter & Roy, an environmental, energy and …

Richard G. Scott Named Partner

Rutter & Roy, the 110-year old, New Jersey-based environmental, energy and infrastructure law firm, is proud to announce that Richard G. Scott, Esq. has been promoted to partner, effective immediately.  “Rich joined our firm right out of law school and has remained here ever since. He immediately proved to his colleagues and the firm’s clients that his counsel is invaluable”, commented Christine A. Roy, Rutter & Roy’s Managing Partner.  In his environmental and energy legal practice, Rich works closely with clients – and often their environmental and land use consultants – to guide them through the regulatory intricacies required for projects, particularly those involving linear construction. “As a young attorney right out of law school, the ability to collaborate with more experienced attorneys here at Rutter & Roy has proven to be invaluable for not only my professional growth but for the …

Interstate Pipeline Companies: Condemning the State in Federal Court

This article originally appeared in the May 2019 issue of Pipeline & Gas Journal. Since publication, there’s been an important judicial update; additional information immediately follows the article reprint. Note: This addendum provides further detail of events and decisions occurring since the original article was published.  The State of New Jersey appealed the New Jersey District Court’s decision to the U.S. Court of Appeals for the Third Circuit. The Third Circuit has now ruled on this issue and held that the Natural Gas Act did not abrogate New Jersey’s sovereign immunity and that PennEast cannot condemn property in which the state holds an interest without the state’s consent. In its decision, the Third Circuit held that “Congress cannot abrogate state sovereign immunity under the Commerce Clause, and because Congress enacted the NGA pursuant to that Clause, the statute cannot be a valid …

Rutter & Roy Recognized as WBE Owned and Controlled Firm

Freehold, NJ (September 9) – New Jersey-based environmental, energy and infrastructure law firm Rutter & Roy was recently certified as a WBE-owned and controlled firm by the New Jersey Department of Treasury’s Small Business Set-Aside Act and Minority and Women Certification Program. The purpose of the Act is to set forth the manner in which the Division of Development for Small Businesses and Women’s and Minority Businesses Act may assist in providing equal opportunity for minority and women-owned business enterprises to participate in State purchasing and procurement processes. “We are proud of the firm’s distinguished history and commitment to its clients. We are excited to join the distinguished group of women and minority-owned enterprises in New Jersey”, commented Christine Roy, Rutter & Roy’s Managing Partner. In addition to her role as Managing Partner in which she handles the day-to-day operation of the …

Getting in on the New Jersey ‘Wind Rush’

It’s clean, it’s beautiful, and it’s inexhaustible. It’s wind. As of earlier this year, New Jersey has decided to join the growing worldwide community of countries and states that are inviting this ancient, yet high-tech method of powering our homes, businesses, and lives. Gov. Murphy announced in July that the Danish company Ørsted has been named to build the state’s first offshore wind farm, a project the state says will power half a million homes, bring 15,000 jobs to the state, and bring $1.2 billion in economic benefits ashore along with the wind power. There is every reason to think that other companies and projects will follow, given 130 miles of coastline and the growing demand for green energy, amidst growing worry about climate change.  Best estimates are that we are looking at a multi-billion-dollar business here, and we want …

Rutter & Roy Attorneys Participate in Houston Pipeline Opportunities Conference

New Jersey Energy Lawyers Lead Session on Changes at FERC Two noted attorneys from Rutter & Roy LLP of Freehold, N.J.–Christine A. Roy and Richard G. Scott–will lead a panel at the Pipeline Opportunities Conference April 9th in Houston.  Ms. Roy and Mr. Scott will discuss changes at FERC—the Federal Energy Regulatory Commission—and how the federal agency has of late delegated some of its powers to individual state authorities. The day-long conference is sponsored by Pipeline & Gas Journal, in partnership with the Interstate Natural Gas Association of America (INGAA) and features energy executives who represent pipeline operators, associations, service companies and the federal government. The 15th annual event provides unparalleled strategic insight into the state of the pipeline industry worldwide. Natural gas and pipeline experts will gather to discuss topics such as oil and gas prospects, pipeline infrastructure and more. …

Rutter & Roy Attorneys Participate in IRWA Conference

Freehold Lawyers Join Panel Sessions Pointing the Way to New Jersey’s Post-Sandy Rebuilding Two noted attorneys from Rutter & Roy LLP of Freehold, N.J.–Christine A. Roy and Brian W. Keatts–will play significant roles this week in the Region 4 Spring Conference of the International Right-of-Way Association, a multi-disciplinary professional group serving the infrastructure, utility and transportation industries. The New Jersey chapter of the IWRA is hosting chapters from 12 Eastern states and the District of Columbia for the conference, on March 28 and 29 at the Asbury Hotel in Asbury Park, N.J. Christine A. Roy, managing partner of Rutter & Roy, will co-moderate a seven-hour seminar on Thursday, focusing on the federal and state Storm Damage Mitigation Project stemming from the destruction wrought by Hurricane Sandy in October 2012. Hundreds of lives were lost in the storm, and some $65 …