Emily A. Davis,left, and Megan S. Haines,right, of Reed Smith. Courtesy photos
PennEast Pipeline Co. continues to await a decision on its petition for certiorari challenging the U.S. Court of Appeals for the Third Circuit’s opinion in In re PennEast Pipeline, 938 F.3d 96 (3d Cir. 2019).
On Feb. 6, 2018, in order to complete a FERC-certificated pipeline set to run through Pennsylvania and New Jersey, PennEast initiated an eminent domain action pursuant to the Natural Gas Act (NGA). Under the NGA, the federal government delegated its eminent domain authority to private companies where the company seeks to acquire the property interests necessary to construct a FERC-certificated pipeline and where negotiations have failed to otherwise secure those rights. New Jersey, or divisions of the state, owned 42 of the properties that PennEast sought to obtain via eminent domain.
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