PennEast Pipe to Appeal Bungled Fed Court Decision to US Supremes

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, which they refused (see Fed Court Refuses to Reconsider PennEast Bad Decision – Now What?). We outlined two possible options for PennEast’s next move, one of them an appeal to the U.S. Supreme Court. PennEast chose that option yesterday.

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