Law360 (June 29, 2021, 8:44 PM EDT) — The U.S. Supreme Court allowed the pipeline industry to breathe a sigh of relief Tuesday by stripping states of a potential weapon to block proposed projects, ruling that states can’t use sovereign immunity to prevent gas pipelines from being built on state-owned land.
Attorneys say the high court has effectively endorsed unfettered eminent domain authority for pipeline companies under the Natural Gas Act in concluding that developers of the $1 billion PennEast pipeline can seize New Jersey-owned land for the project.
The justices, in a 5-4 ruling, reversed a Third Circuit decision that the NGA’s eminent domain provision doesn’t trump the Garden State’s 11th Amendment sovereign immunity from condemnation…
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!