Resistance was futile for defendants opposing a temporary injunction sought by a party armed with a FERC Certificate of Public Convenience and Necessity that includes condemnation rights under the Natural Gas Act....more
Find out what challenges the natural gas industry faces to construct new pipelines and how these challenges have impacted gas supplies, particularly in the Northeast....more
On June 29, 2021, the Supreme Court of the United States ruled that a certificate of public convenience and necessity issued by FERC under section 7 of the Natural Gas Act (“NGA”) authorizes a private company to exercise...more
In a 5-4 ruling decided on June 29, 2021, the U.S. Supreme Court in PennEast Pipeline Co. LLC v. New Jersey et al. affirmed the rights of Federal Energy Regulatory Commission (FERC)-certified pipelines seeking to use eminent...more
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
On June 29, 2021, the U.S. Supreme Court decided PennEast Pipeline Co. v. New Jersey, No. 19-1039, holding that the Federal Government had properly delegated to private companies federal authority to condemn necessary...more
The Supreme Court of the United States rarely hears anything related to eminent domain or takings cases; the Kelodecision in 2005 was the latest “big” case for our industry, although the 2019 Knick decision also made...more
Companies seeking to enforce eminent-domain power pursuant to the Natural Gas Act (NGA) and FERC certificates should continue to monitor PennEast Pipeline Co. v. New Jersey and its progeny. 938 F.3d 96, 99 (3rd. Cir. 2019)...more
The US Supreme Court granted certification on February 3 to review the US Court of Appeals for the Third Circuit’s decision in In re PennEast Pipeline Co. in order to resolve an important question: Does the Natural Gas Act...more
On February 3, the U.S. Supreme Court granted certiorari in PennEast Pipeline Company, LLC v. New Jersey, a case that could determine whether private gas companies can condemn state-owned property. In this case, a unanimous...more
On December 9, 2020, the Acting Solicitor General filed a brief on behalf of the United States, as amicus curiae, in support of PennEast Pipeline Company’s petition for a writ of certiorari seeking review of a decision of the...more
In a recent declaratory order, the Federal Energy Regulatory Commission (“FERC”) asserted the right of its certificate holders to “exercise eminent domain authority over state-owned land.” The Natural Gas Act (“NGA”) provides...more
Trump Aides Try to Quash Tax Hike Rumors Amid Infrastructure Talks "The White House is reassuring conservative leaders that it has no plans to hike the gas tax to help fund a massive infrastructure package that President...more
The Sixth Circuit recently confirmed an interstate natural gas pipeline company’s ability to seek and obtain immediate access to property, prior to a just compensation hearing. In Nexus Gas Transmission, LLC v. City of Green,...more
On October 30, the U.S. Court of Appeals for the Third Circuit decided the case of Transcontinental Gas Pipe Line Co., LLC v. Permanent Easements for 2.14 Acres, et al. , affirming the District Court’s grant of a preliminary...more
The Virginia Supreme Court issued a number of opinions this Spring and Summer in recent terms. Its work resulted in several opinions affecting Virginia local (and state) government law, in the areas of Virginia...more