This is a huge disappointment. In September, the U.S. Court of Appeals for the Third Circuit issued a precedent-setting decision that disallows PennEast Pipeline from using the federally-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). PennEast asked the full court (all of the judges) to rehear the case (see PennEast Asks Full 3rd Circuit to Reconsider Bad Decision). The full court just refused. What now?
This is a huge disappointment. In September, the U.S. Court of Appeals for the Third Circuit issued a precedent-setting decision that disallows PennEast Pipeline from using the federally-delegated power of eminent domain to cross properties either owned by, or with easements granted to, the state of New Jersey (see 