PennEast Pipeline Co., LLC, v. New Jersey

U.S. Supreme Court

Question(s) Presented

Whether the Natural Gas Act 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.

Tab Group

Merits Stage

Supreme Court holds that Natural Gas Act lawfully delegates federal eminent domain power to private parties

June 29, 2021

As a result, those parties can initiate condemnation proceedings, including against state-owned property. Click here to view the opinion.

The U.S. Chamber filed coalition amicus briefs at the cert and merits stages that supported this outcome, as well as a brief when this case was before the Third Circuit.

U.S. Chamber files coalition amicus brief urging U.S. Supreme Court to recognize that the Natural Gas Act authorized the taking of property, including state owned property, for FERC approved natural gas pipeline projects

March 8, 2021

Click here to view the amicus brief filed by the U.S. Chamber of Commerce and the Pennsylvania Chamber of Business and Industry. Deanne E. Maynard of Morrison & Foerster LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

The U.S. Chamber also filed an amicus brief supporting the cert. petition.

Petition Stage

Cert. petition granted

February 3, 2021

U.S. and Pennsylvania Chambers urge Supreme Court to review a Third Circuit opinion that disrupts 70 years of interstate pipeline law and practice

March 23, 2020

The Natural Gas Act authorizes FERC approved pipelines to exercise eminent domain across all land along the approved route, including lands in which a state claims an interest. The Chambers filed an amicus brief supporting cert. and urging the Court may address the Third Circuit’s contrary ruling.

Deanne E. Maynard of Morrison Foerster LLP served as co-counsel for the Chambers in this case.

Previously, the U.S. Chamber filed a coalition brief on the merits when this case was before the Third Circuit.

Case Documents

Opinion -- In re PennEast Pipeline Co., LLC (Third Circuit).pdf

U.S. and Pennsylvania Chambers Amicus Brief -- PennEast Pipeline Co., LLC v. New Jersey (U.S. Supreme Court).pdf

U.S. and Pennsylvania Chambers Amicus Brief (merits) -- PennEast Pipeline Co., LLC v. New Jersey (U.S. Supreme Court).pdf

Opinion -- PennEast Pipeline Co., LLC, v. New Jersey (U.S. Supreme Court).pdf