PennEast Pipeline Co. v. New Jersey | |
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Argued April 28, 2021 Decided June 29, 2021 | |
Full case name | PennEast Pipeline Co., LLC v. New Jersey, et al. |
Docket no. | 19-1039 |
Citations | 594 U.S. ___ (more) |
Holding | |
Section 717f(h) of the Natural Gas Act of 1938 authorizes FERC certificate holders to condemn all necessary rights-of-way, whether owned by private parties or States. | |
Court membership | |
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Case opinions | |
Majority | Roberts, joined by Breyer, Alito, Sotomayor, Kavanaugh |
Dissent | Gorsuch, joined by Thomas |
Dissent | Barrett, joined by Thomas, Kagan, Gorsuch |
Laws applied | |
Natural Gas Act of 1938 |
PennEast Pipeline Co. v. New Jersey, 594 U.S. ___ (2021), was a United States Supreme Court case dealing with the sovereign immunity of states to delegated powers of eminent domain granted to private companies from federal agencies, in the specific case, acquiring property for the right-of-way to build a natural gas pipeline. The Court, in a 5–4 decision issued in June 2021, ruled that states, by nature of ratifying the Constitution, gave up their ability to exercise sovereign immunity from the federal government or from those parties whom they have delegated that authority.
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