(Tom Stromme/The Bismarck Tribune via AP, File)
WASHINGTON (CN) — A law that has been the key to the development of natural gas pipelines for 80 years was challenged by New Jersey at the nation’s highest court Wednesday.
The founding fathers’ understanding of federal land takes and the role private companies have in executing those seizures were central themes during the virtual U.S. Supreme Court hearing.
“This court has said repeatedly that taking land is under common law, why doesn’t this fall within the 11th Amendment itself?” asked Justice Neal Gorsuch, a Donald Trump appointee, who appeared concerned at the idea of the private gas company PennEast being allowed to bring a lawsuit against the state of New Jersey, which might otherwise be shielded by sovereign immunity granted by the constitution despite powers given to companies under the Natural Gas Act of 1938.