Penneast Pipeline Co. v. New Jersey
U.S. Supreme Court · decided June 29, 2021 · Supreme Court Database (Spaeth)
- Decided
- June 29, 2021
- Term
- October Term 2020
- Vote
- 5–4
- Majority author
- Justice Roberts
- Issue area
- Due Process
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2020 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus PENNEAST PIPELINE CO., LLC v. NEW JERSEY ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 19–1039. Argued April 28, 2021—Decided June 29, 2021 Congress passed the Natural Gas Act in 1938 to regulate the transpor- tation and sale of natural gas in interstate commerce. To build an in- terstate pipeline, a natural gas company must obtain from the Federal Energy Regulatory Commission a certificate reflecting that such con- struction “is or will be required by the present or future public conven- ience and necessity.” 15 U. S. C. §717f(e). As originally enacted, the NGA did not provide a mechanism for certificate holders to secure property rights necessary to build pipelines, often leaving certificate holders with only an illusory right to build. Congress remedied this defect in 1947 by amending the NGA to authorize certificate holders to exercise the federal eminent domain power, thereby ensuring…
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