PennEast Pipeline Co. v. New Jersey

PennEast, a private company with federal approval to build an interstate natural-gas pipeline, wants to take rights-of-way over land in which New Jersey claims an interest. The fight is over whether the Natural Gas Act lets private pipeline companies use the federal government's eminent-domain power against state-owned property, and whether the appeals court properly took up the case.

No Supreme Court decision is available yet, and no oral argument is scheduled in the record provided. PennEast says the Natural Gas Act gives certificate holders federal condemnation authority, while New Jersey argues the state cannot be forced into that kind of suit.

The case could affect how easily federally approved pipeline projects cross land tied to a state. For example, it could shape whether a state can block a pipeline route by asserting an interest in the needed property.

The next sign of movement would be oral argument or another scheduling order from the Court. No decision window is available yet based on the record provided.

The Court is being asked whether the Natural Gas Act lets a private pipeline company condemn land interests claimed by a state. It is also reviewing whether the Third Circuit properly exercised jurisdiction.

It could affect future interstate pipeline projects that need to cross land connected to a state. States, energy companies, landowners, and regulators could all feel the impact.

Watch for the Court to schedule oral argument or issue another procedural order. The record provided does not show a current decision window.