Skip to Main Content
Services Talent Knowledge
Site Search
Menu

News

July 19, 2021

Law360: High Court Ruling Won't Stop States From Thwarting Pipelines

Yvonne Hennessey, Environmental and Lobbying & Election Law Compliance Practice Area chair, and Mark McNamara, Property Tax & Condemnation Practice Area chair, recently had their “High Court Ruling Won’t Stop States From Thwarting Pipelines” article published by Law360. The article addresses the United States Supreme Court’s decision in PennEast Pipeline Co. LLC v. New Jersey, which held that PennEast was authorized under the Natural Gas Act (NGA) to take right-of-way interests in land owned by New Jersey for construction of its 116-mile pipeline through an eminent domain action against New Jersey in federal court. The article states:

“While the Supreme Court agreed nonconsenting states are generally immune from suit, it concluded that states, including New Jersey, had surrendered their immunity from the exercise of the federal eminent domain power when they ratified the Constitution. This included PennEast’s suits brought under the NGA because the statute delegates the federal eminent domain power to private parties, including against state-owned property.”

The article further explains that even though the Supreme Court’s decision removes one of PennEast’s hurdles, it still faces several others. The project requires other approvals to move forward. Additionally, states can continue to use their Clean Water Act authority to block a pipeline. 

Click here to read the full article. 
 

Featured Media

Alerts

RAPID Action: NYS Office of Energy Renewable Energy Siting and Transmission Announces Draft Regulations for New Transmission Siting Framework

Alerts

NYSDEC Issues Draft Freshwater Wetlands General Permit

Alerts

USPTO Updates Audit Program

Alerts

NYS DOL Publishes Long-Awaited FAQs on Paid Prenatal Leave Law

Alerts

Update on Massachusetts Pay Transparency Law Disclosures and EEO Reporting Requirements in 2025

Alerts

Massachusetts Employers Required to Provide Job Applicants Notice That Use of a Lie Detector Test Is Unlawful

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out