Supreme Court Upholds Interstate Pipeline Eminent Domain Powers Over State Immunity | Holland & Knight LLP
In a 5-4 ruling decided on June 29, 2021, the U.S. Supreme Court in PennEast Pipeline Co. LLC v. New Jersey et al. affirmed the rights of Federal Energy Regulatory Commission (FERC)-certified pipelines seeking to use eminent domain powers granted under the Natural Gas Act (NGA) to seize state-owned lands for private development. In its ruling, the Supreme Court rejected the state of New Jersey claims that the 11th Amendment to the U.S. Constitution prevented PennEast from condemning land either owned by the state or held in conservation easements. While the ruling is a loss for New Jersey an...
Source: jdsupra.com