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

Law360 (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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS