Pipeline companies taking state land
PennEast Pipeline v. New Jersey
In brief
PennEast won: the Court said federally approved pipeline companies can seek land rights from states under the Natural Gas Act.
- Where it stands
- Decided
Decided 5-4 · June 29, 2021 · Opinion by Chief Justice Roberts
- What it’s about
- PennEast Pipeline sought to use federal eminent domain to obtain land rights from New Jersey for a natural-gas pipeline.
- Who it affects
- The ruling allows Natural Gas Act certificate holders to seek needed pipeline rights-of-way from states as well as private owners. It resolved New Jersey's argument that the law did not give pipeline companies that power.
Summary: written with AI from the case record.
What it's about
The Court overturned the lower court and sent the case back (reversed and remanded), ruling that the Natural Gas Act allows federally approved pipeline companies to condemn needed land owned by states or private parties.
The case concerned the balance between federal approval of interstate natural-gas pipelines and states' protection from private lawsuits.
Question presented
1. Whether the NGA delegates to FERC certificate holders the authority to exercise the federal government's eminent domain power to condemn land in which a state claims an interest? 2. Did the Court of Appeals properly exercise jurisdiction over this case?
What the Court decided
Holding
Section 717f(h) authorizes FERC certificate holders to condemn all necessary rights-of-way, whether owned by private parties or States. 938 F. 3d 96, reversed and remanded.
- Result
- Reversed
The vote
From the opinions
“Because there is no reason to treat private condemnation suits differently from any other cause of action created pursuant to the Commerce Clause, I respectfully dissent.”
What's next
The case returned to the lower court for further proceedings consistent with the Supreme Court's ruling. The Supreme Court has finished its action in this docket.
Documents
Docket activity
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AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Case Briefing
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Court Order added: Lower Court Orders/Opinions
Brief added: Questions Presented
More questions
- What did PennEast Pipeline Co. v. New Jersey decide?
- The Court said Natural Gas Act certificate holders may seek needed rights-of-way through eminent domain from private owners and states.
- Who won PennEast Pipeline Co. v. New Jersey?
- PennEast won at the Supreme Court. The Court overturned the Third Circuit's ruling in New Jersey's favor.
- How did the justices vote in the PennEast case?
- The Court ruled 5-4. Chief Justice Roberts wrote for five justices, while Justices Gorsuch and Barrett wrote dissents.
- What happens next in the PennEast case?
- The Court sent the case back to the lower court (remanded) for further proceedings under its ruling.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.