![]() The case raises important jurisdictional issues of states rights versus federal law, and attracted the attention of anti-pipeline activists as well as the gas industry and business advocates. Justice Sonia Sotomayor said the delegation of federal eminent domain authority to a private entity “is troublesome to me.” ![]() ![]() Clement, to defend his arguments that PennEast was acting as an agent of the government. The justices pressed PennEast’s lawyer, Paul D. It says a 2019 decision by a federal appeals court that sided with New Jersey was “deeply flawed.” of Valley Forge, says it is acting essentially as a deputy of the federal government, which granted the pipeline company eminent domain power over states when the Federal Energy Regulatory Commission approved the pipeline project. Feigenbaum, New Jersey’s solicitor, said in a brief.īut PennEast, which is operated by a subsidiary of UGI Corp. “This is, at its core, a private lawsuit against a state in federal court - exactly as the framers guarded against,” Jeremy M. Constitution’s sovereign immunity clause exempts it from being sued by a private entity such as PennEast. LLC, which complains that New Jersey illegally blocked it from acquiring key easements on land in which the state has an interest, thwarting the federally approved $1.2 billion pipeline. Supreme Court on Wednesday heard oral arguments from the PennEast Pipeline Co. More than 230 years after the Founding Fathers adopted the Constitution, the nation’s judiciary is still trying to figure out what “sovereign immunity” means, at least as it applies to a pipeline that delivers fracked Pennsylvania natural gas to New Jersey.
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