Split FERC Says 3rd. Circ. Wrong On $1B Pipeline's Land Grab

Law360 (January 30, 2020, 4:16 PM EST) -- A divided Federal Energy Regulatory Commission said Thursday that the Natural Gas Act allows pipeline developers to seize state-owned land via eminent domain, criticizing the Third Circuit's recent ruling that blocked a New Jersey land grab by developers of the $1 billion PennEast pipeline.

At a hastily convened open meeting, FERC's Republican majority approved a declaratory order saying Congress intended that the eminent domain authority delegated to holders of FERC construction certificates covers state-owned as well as private land. The order will give PennEast's developers additional ammunition in their planned U.S. Supreme Court appeal of the Third Circuit's decision.

PennEast Pipeline Co....

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