Disagreement court says New Jersey cannot stop natural gas pipeline
June 29, 2021
The pipeline developer can use the federal government’s expropriation rights to confiscate property controlled by the State of New Jersey so that it can build a natural gas pipeline through the state. Supreme Court ruling Vote 5 to 4 on Tuesday.
case, PennEast Pipeline Co. v. New Jersey, Involving a planned 116-mile pipeline that will transport natural gas from northeastern Pennsylvania to western New Jersey. The developer obtained a license from the Federal Energy Regulatory Commission and argued that under federal law, the license includes the power to bring New Jersey to court so that it can acquire state-controlled property along the pipeline.
The State of New Jersey, which opposes the pipeline, argues that under the 11th amendment, it is not affected by the developer’s expropriation lawsuit.
According to the opinion of Chief Justice John Roberts, the court sided with the developer and removed obstacles to pipeline construction.
Roberts wrote: “Although states that disagree are usually immune from litigation, they waived their immunity from exercising federal expropriation rights when they ratified the constitution.” “This power comes with the ability to condemn property in court. Because of the ” The Natural Gas Act grants federal expropriation rights to private parties, who can initiate condemnation procedures, including targeting state-owned property.”
Judges Stephen Breyer, Samuel Alito, Sonia Sotomayor and Brett Kavanaugh joined Roberts’ majority opinion. Justice Neil Gorsuch raised an objection, and Justice Clarence Thomas joined in. Justice Amy Connie Barrett failed in the dissenting opinions of Justices Thomas, Gorsuch and Elena Kagan.
Check back soon for an in-depth analysis of opinions.