The Supreme Court has ruled that New Jersey can't block construction of a PennEast natural gas pipeline on its state lands, supporting PennEast's authority to seize land through eminent domain, the website StateImpact Pennsylvania has reported.
The federal government had previously said PennEast had the authority to use eminent domain, but New Jersey fired back, arguing that the 11th Amendment, which grants states immunity from private lawsuits, prevented PennEast from condemning the 42 parcels either owned by New Jersey directly or held as conservation easements.
It was a 5-4 decision, and Chief Justice John Roberts, writing for the majority, said Congress, through the Natural Gas Act, allows such condemnation in the interest of building a nationwide system of pipelines, as well as other infrastructure.
Writing for the dissent, Justice Amy Coney Barrett said the 11th Amendment guarantee of a state’s sovereign immunity does bar PennEast from suing to seize the land.
You can read more on the decision here.
Source: StateImpact Pennsylvania
