New Jersey Eminent Domain Case Involving PennEast Pipeline Heading to U.S. Supreme Court

The U.S. Supreme Court announced on Feb. 3rd that it would hear the appeal on an eminent domain case involving PennEast Pipeline Co.’s efforts to build a 120-mile, 36-in. natural gas pipeline across open space and public lands preserved by the State of New Jersey for recreation, conservation and agriculture purposes. The Federal Energy Regulatory Commission (FERC) approved the project in January 2018. However, the 3rd U.S. Circuit Court of Appeals ruled in 2019 that PennEast could not use federal eminent domain to seize the land. The court held that condemning public lands violates the 11th Amendment which gives sovereign immunity to states, shielding them from private lawsuits.

Sharing is caring!