In September MDN brought you news of the U.S. Court of Appeals for the Third Circuit ruling that disallows PennEast Pipeline from using the delegated power of eminent domain to cross properties either owned by, or with easements granted to, the state of New Jersey (see Federal Court Rules PennEast Pipe Can’t Run Thru NJ State Land). We expressed our concerns that this ruling, which sets a precedent, may result in new pipeline projects in lefty states (like NY, NJ, MD, CA, etc.) getting blocked. Turns out we were not the only ones concerned (see Worst Fears May Come True with PennEast Pipeline Court Decision). PennEast has come up with a novel way to fight back against the court’s bad ruling: Ask FERC for help.
In September MDN brought you news of the U.S. Court of Appeals for the Third Circuit ruling that disallows PennEast Pipeline from using the delegated power of eminent domain to cross properties either owned by, or with easements granted to, the state of New Jersey (see 