Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
2020 Term
Lower Court Opinion
Questions Presented
Whether the Natural Gas Act delegates to FERC certificate holders the authority to exercise the federal government’s eminent domain power to condemn land in which a state claims an interest.
Case Updates
Supreme Court holds that Natural Gas Act lawfully delegates federal eminent domain power to private parties
June 29, 2021
As a result, those parties can initiate condemnation proceedings, including against state-owned property. Click here to view the opinion.
The U.S. Chamber filed coalition amicus briefs at the cert and merits stages that supported this outcome, as well as a brief when this case was before the Third Circuit.
U.S. Chamber files coalition amicus brief urging U.S. Supreme Court to recognize that the Natural Gas Act authorized the taking of property, including state owned property, for FERC approved natural gas pipeline projects
March 08, 2021
Click here to view the amicus brief filed by the U.S. Chamber of Commerce and the Pennsylvania Chamber of Business and Industry. Deanne E. Maynard of Morrison & Foerster LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
The U.S. Chamber also filed an amicus brief supporting the cert. petition.
Cert. petition granted
February 03, 2021
U.S. and Pennsylvania Chambers urge Supreme Court to review a Third Circuit opinion that disrupts 70 years of interstate pipeline law and practice
March 23, 2020
The Natural Gas Act authorizes FERC approved pipelines to exercise eminent domain across all land along the approved route, including lands in which a state claims an interest. The Chambers filed an amicus brief supporting cert. and urging the Court may address the Third Circuit’s contrary ruling.
Deanne E. Maynard of Morrison Foerster LLP served as co-counsel for the Chambers in this case.
Previously, the U.S. Chamber filed a coalition brief on the merits when this case was before the Third Circuit.
Case Documents
- Opinion -- In re PennEast Pipeline Co., LLC (Third Circuit).pdf
- U.S. and Pennsylvania Chambers Amicus Brief -- PennEast Pipeline Co., LLC v. New Jersey (U.S. Supreme Court).pdf
- U.S. and Pennsylvania Chambers Amicus Brief (merits) -- PennEast Pipeline Co., LLC v. New Jersey (U.S. Supreme Court).pdf
- Opinion -- PennEast Pipeline Co., LLC, v. New Jersey (U.S. Supreme Court).pdf