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PennEast Pipeline Co., LLC v. New Jersey

141 S. Ct. 2244, 210 L. Ed. 2d 624 (2021)

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PennEast Pipeline Co., LLC v. New Jersey

United States Supreme Court
141 S. Ct. 2244, 210 L. Ed. 2d 624 (2021)

  • Written by Tiffany Hester, JD
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Facts

The Natural Gas Act (NGA) delegates federal eminent-domain power to private gas companies that have obtained approval from the Federal Energy Regulatory Commission (FERC) to build interstate gas pipelines. PennEast Pipeline (PennEast) (plaintiff) obtained FERC approval to build a pipeline from Pennsylvania to New Jersey. Pursuant to the NGA eminent-domain delegation, PennEast then sued New Jersey (defendant) in federal district court, seeking to condemn state-owned land along the planned pipeline route. New Jersey moved for dismissal, invoking sovereign immunity. The district court denied New Jersey’s motion and granted PennEast a condemnation order. The United States Court of Appeals for the Third Circuit vacated the district court’s order. PennEast subsequently appealed to the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Roberts, C.J.)

Dissent (Barrett, J.)

Dissent (Gorsuch, J.)

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