Search Site
Menu

New Jersey pushes back against pipeline company in US Supreme Court

The State of New Jersey is currently battling PennEast Pipeline Co. in the Supreme Court in attempt to block the construction of a new pipeline.

PennEast obtained the necessary Federal Energy Regulatory Commission (“FERC”) approvals to construct its planned 120-mile pipeline spanning from Pennsylvania to New Jersey. Pursuant to the Natural Gas Act, these approvals come along with the ability to exercise “eminent domain” over the property needed to build the pipeline. This means that the authorized pipeline company has the right to condemn the property needed as long as they provide just compensation, a right typically reserved for the government.

The State of New Jersey argues that the statutory authority given to private parties by the Natural Gas Act cannot override the sovereign immunity of the states. Sovereign immunity refers to the fact that the government, in this case the State of New Jersey, cannot be sued by a private party without its consent (pursuant to the Eleventh Amendment). Included in the 42 properties PennEast is attempting to condemn in relation to this new pipeline are state forests and other state lands reserved for agriculture, recreational, and conservational uses. [1] New Jersey argues that these lands cannot be taken through a condemnation action that the State has not consented to.

In support of New Jersey come briefs submitted by a coalition of 19 other states as well as the Council of State Governments, and environmental groups. [1] They argue that giving private companies this right is a dangerous affront to the constitutional protection on sovereign immunity. [1] Numerous energy companies and other interest groups have submitted briefs in support of PennEast. These companies argue that New Jersey and its supporters are challenging decades-old industry standard and that the right of private parties to exercise their authority over state lands is implicit in the Natural Gas Act. [1] Oral arguments were just heard on April 28 and a decision is still pending. You can keep updated on the status of this case here: https://www.scotusblog.com/case-files/cases/penneast-pipeline-co-v-new-jersey/

Source: [1] https://www.enr.com/articles/51520-update-pipeline-land-seizure-is-unconstitutional-nj-and-19-states-tells-high-court

Our Attorneys

Recent Twitter Posts

  • LBS is proud to have been a part of this outstanding resolution. https://t.co/6Zp3Rby0Rz
    2 days ago
  • New Jersey sets emergency water standards for new chemicals. https://t.co/trgaaLL1mD
    1 year ago
  • How will New Jersey manage stormwater as the climate changes and flooding increases? https://t.co/dhVLALyzZ2
    1 year ago
  • Unprecedented storms are slamming NJ – learn how to be the best advocate for your clients when the next flood hits.… https://t.co/TicH6iAjP0
    1 year ago

Recent Blog Posts

When A First Right of Refusal Is Too Late

On December 22, 2022, the Superior Court of New Jersey, Appellate Division decided the case Saadia Square LLC v. SM Logistics Member LLC et. al. This case arises out of a
Read More
When A First Right of Refusal Is Too Late

Indemnification Provision Entitles Former Condominium Association Trustee to Recover Certain Fees and Costs for First-Party Claim

Last week, New Jersey’s Appellate Division found that a former trustee of a condominium association’s board was entitled to recover certain fees and costs pursuant to the association’s indemnification provision. In
Read More
Indemnification Provision Entitles Former Condominium Association Trustee to Recover Certain Fees and Costs for First-Party Claim

Court Affirms DEP Direct Oversight of Remediation Efforts of PFAS Polluting Plant

  This week, in In re Dep't of Envtl. Prot. Direct Oversight Determination, No. A-0635-20, 2023 WL-125229 (App. Div. Jan. 9, 2023), New Jersey’s Appellate Division affirmed a Department of Environmental
Read More
Court Affirms DEP Direct Oversight of Remediation Efforts of PFAS Polluting Plant

What to do if a certificate of occupancy has been incorrectly issued?

Town rescinds certificate of occupancy for former motel On January 5, 2023, the Superior Court of New Jersey Appellate Division decided the case Department of Community Affairs, etc v. Kenneth D. Roberts, etc. In this case, Defendant
Read More
What to do if a certificate of occupancy has been incorrectly issued?

In The Media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

    Read More
  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

    Read More
  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form