Justices’ Pipeline Ruling Is A Close Call For Gas Industry

Justices’ Pipeline Ruling Is A Close Call For Gas Industry

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Law360 (August 6, 2021, 6:08 PM EDT) — On June 29, in its decision in PennEast Pipeline Co. LLC v. New Jersey, the U.S. Supreme Court confirmed that under the Natural Gas Act and its Section 7(c) pipeline certification process, the Federal Energy Regulatory Commission can confer on pipeline companies the ability to invoke eminent domain on private and public land.[1]

In response, the authors of a Law360 guest article wrote that “[i]ndustrywide, the decision may not have much of an impact” — opining, first, that pipelines can avoid state lands as they avoid environmentally sensitive lands, and second, that some states welcome natural gas pipelines, so eminent domain…

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