3rd Circ. Says PennEast Can't Take NJ Land For Pipeline

By Keith Goldberg (September 10, 2019, 4:13 PM EDT) -- The Third Circuit said Tuesday that developers of the $1 billion PennEast gas pipeline can't seize land owned by New Jersey because the Natural Gas Act doesn't trump the state's 11th Amendment sovereign immunity from condemnation suits by private companies.

A New Jersey federal judge had ruled that PennEast had the federal government's authority to condemn the land, saying the authority was delegated to the company through its construction certificate from the Federal Energy Regulatory Commission.

But a panel of the circuit court wiped out that ruling in a precedential decision, saying there's nothing in the NGA that suggests Congress intended...

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