Rehearing denied in PennEast pipeline eminent domain case

pipeline, new jersey environment news

P.J. D’ANNUNZIO / NEW JERSEY LAW JOURNAL – The U.S. Court of Appeals for the Third Circuit has denied a request to have an en banc panel reconsider a decision disallowing use of eminent domain to acquire properties belonging to the state of New Jersey along the PennEast pipeline’s route.

In September, a Third Circuit panel reversed approval of PennEast Pipeline Co.’s orders of condemnation and immediate access to 42 properties, finding that condemnation powers granted to private pipeline builders under the Natural Gas Act do not permit them to take land owned by the state, which are immune from federal lawsuits by private parties under the 11th Amendment …

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