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Pennsylvania Eminent Domain Blog

U.S Supreme Court Reviews Property Rights Re The PennEast Pipeline

February 5th, 2021 | by Tara Horvath

On February 3, 2021, the Supreme Court of the United States granted review of the September 10, 2019 Third Circuit Court of Appeals decision which held that New Jersey is entitled to immunity from condemnation suits initiated by PennEast Pipeline Company for the purpose of building a 120-mile pipeline from Luzerne County, Pennsylvania to Mercer County, New Jersey.  The questions presented are: (1)Whether the Natural Gas Act delegates to FERC certificate holders the authority to exercise the federal government’s eminent domain power to condemn land in which a state claims an interest; and (2)Did the Court of Appeals properly exercise jurisdiction over the case.  The parties are set to argue the case in April 2021.  You can follow the case at supremecourt.gov, docket number 19-1039.

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