PennEast Pipeline Co. v. New Jersey

PennEast Pipeline Co. v. New Jersey
Argued April 28, 2021
Decided June 29, 2021
Full case namePennEast Pipeline Co., LLC v. New Jersey, et al.
Docket no.19-1039
Citations594 U.S. ___ (more)
141 S. Ct. 2244, 210 L. Ed. 2d 624
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
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan · Neil Gorsuch
Brett Kavanaugh · Amy Coney Barrett
Case opinions
MajorityRoberts, joined by Breyer, Alito, Sotomayor, Kavanaugh
DissentGorsuch, joined by Thomas
DissentBarrett, 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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