U.S. Supreme Court Hears PennEast vs. NJ Tomorrow – What’s at Stake

Tomorrow the nine justices of the U.S. Supreme Court will hear oral arguments from the U.S. Solicitor General (and attorneys for FERC and PennEast Pipeline) on one side, and arguments from the State of New Jersey on the other side. The surface issue is whether or not PennEast can use a federally-delegated right of eminent domain to build a pipeline across several parcels of property NJ claims it controls (but doesn't own). The deeper issue is whether or not the Natural Gas Act, amended by Congress in 1947, that allows eminent domain to be used by private companies when delegated by the government, will be ripped to shreds or not. The deeper issue is whether any new interstate pipelines will ever get built again.

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