PennEast Urges High Court To Undo 3rd Circ. Pipeline Ruling

Law360 (February 21, 2020, 9:55 PM EST) -- Developers of the $1 billion PennEast pipeline have asked the U.S. Supreme Court to review the Third Circuit’s ruling that PennEast can’t seize New Jersey-owned land for the project, slamming the decision as “exceptionally wrong” and pointing to a recent declaratory order from the Federal Energy Regulatory Commission supporting PennEast’s position.

The Third Circuit held in its September ruling that the Natural Gas Act doesn’t trump the Garden State’s 11th Amendment sovereign immunity from condemnation suits by private companies. The ruling overturned a lower court decision that allowed PennEast — a consortium of five regional energy companies — to take dozens...

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