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Natural Gas Pipelines May Exercise Eminent Domain over State Land

Wednesday, June 30, 2021 The U.S. Supreme Court held in PennEast Pipeline Co. v. New Jersey that natural gas pipeline companies with a certificate of public convenience and necessity issued by the Federal Energy Regulatory Commission (“FERC”) may condemn State lands. In the June 29, 2021 decision, the Supreme Court overturned a ruling by the U.S. Court of Appeals for the Third Circuit that held the pipeline developer PennEast Pipeline Company could not seize land owned by the State of New Jersey.  The Court held, in a 5-4 split ruling, that Section 7(h) of the Natural Gas Act (“NGA”), 15 U.S.C. § 717f(h), properly allowed FERC to confer to natural gas pipeline companies the authority to file lawsuits condemning State lands, and that a State cannot use its sovereign immunity under the Eleventh Amendment as a defense to condemnation proceedings. 

5-4 U S Supreme Court ruling keeps planned PennEast pipeline alive, for now

5-4 U S Supreme Court ruling keeps planned PennEast pipeline alive, for now
pennrecord.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from pennrecord.com Daily Mail and Mail on Sunday newspapers.

Supreme Court Rules Eminent Domain in Play as PennEast Pursues Major Natural Gas Pipeline Project

Supreme Court Rules Eminent Domain in Play as PennEast Pursues Major Natural Gas Pipeline Project
naturalgasintel.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from naturalgasintel.com Daily Mail and Mail on Sunday newspapers.

Editorial Roundup: U S

Editorial Roundup: U S
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In Monumental Decision, Supreme Court Rules PennEast May Invoke Eminent Domain for 1 Bcf/d Natural Gas Project

In Monumental Decision, Supreme Court Rules PennEast May Invoke Eminent Domain for 1 Bcf/d Natural Gas Project
naturalgasintel.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from naturalgasintel.com Daily Mail and Mail on Sunday newspapers.

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