Credit: kasarp/Adobe Stock NJ Goes Down Swinging in PennEast Pipeline Supreme Court Case
The U.S. Supreme Court ruled that a private company can use the federal government's delegated power of eminent domain to sue the State of New Jersey in a federal condemnation action.
August 04, 2021 at 11:00 AM
8 minute read
United States Supreme Court
In a 5–4 decision, the United States Supreme Court ruled that a private company can use the federal government's delegated power of eminent domain to sue the State of New Jersey in a federal condemnation action—PennEast Pipeline Co. v. New Jersey, 594 U.S. (2021). In doing so, and allowing the suit to move forward, the court reversed the decision of the Third Circuit Court of Appeals, which had sided with the State of New Jersey and barred the action as against the State of New Jersey.
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