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We Fought to Keep Frackers Out of the Delaware River
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Historic Fracking Ban Near Delaware River Cemented by 4-State Agency
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How Green Is Your Constitution?
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By Maya van Rossum
The Supreme Court has announced it will take up the case of PennEast Pipeline Co. v. New Jersey. In September 2019, the Third Circuit determined that the PennEast Pipeline Co., as a private company, does not have the authority to use eminent domain to seize lands owned by the state of New Jersey.
The decision effectively blocked PennEast from a third of its planned route through New Jersey, crippling the project. The PennEast Pipeline Co. then petitioned for certiorari in the Supreme Court.
The law is clear, and the Eleventh Amendment protects New Jersey from seizures by private companies using eminent domain. The Supreme Court should uphold the Third Circuit ruling and protect states from federal overreach.
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Peter is the creator and editor of The Water Front Online, the region’s only news organization dedicated to environmental issues in the Finger Lakes and Upstate New York. Have a tip? Send it to peter@fingerlakes1.com.
New Yorkers will vote in November on whether to add the “right to clean air and water and a healthful environment” to the state constitution, joining a nationwide “Green Amendment” movement.
If a simple majority says “Yes”, the constitution will be amended Jan. 1, 2022, potentially creating a new path for citizens to ask courts to compel enforcement of state environmental laws and regulations.