On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA). The decision resolved an issue that could have blocked construction...more
7/1/2021
/ Certificate of Public Convenience and Necessity ,
Condemnation ,
Easements ,
Eminent Domain ,
FERC ,
Natural Gas ,
Natural Gas Act ,
PennEast Pipeline Co. v New Jersey ,
Pipelines ,
Right of Way ,
SCOTUS ,
Sovereign Immunity ,
Takings Clause
A ruling from the U.S. Supreme Court this week may have altered the landscape of takings claims by expanding the scope of physical takings. Since the landmark case of Penn Central Transportation Co. v. New York City, 438 U.S....more
6/25/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
On Monday, in Friends of Danny DeVito v. Wolf, a divided Pennsylvania Supreme Court rejected a constitutional challenge to Governor Tom Wolf’s executive order closing non-life sustaining businesses. ...more
A class-action lawsuit filed in the Eastern District of Pennsylvania late last week alleges that Governor Wolf’s orders closing non-life sustaining business constitute a taking requiring just compensation under the Fifth...more
3/31/2020
/ Business Closures ,
Class Action ,
Coronavirus/COVID-19 ,
Due Process ,
Emergency Management Plans ,
Eminent Domain ,
Executive Orders ,
Fifth Amendment ,
Operators of Essential Services ,
State and Local Government ,
Takings Clause