Eminent Domain
Shale Law Weekly Review – February 5, 2020
Pipelines: FERC Issues Declaratory Order to Offer Interpretation of Eminent Domain Provision in Natural Gas Act
On January 30, 2020, the Federal Energy Regulatory Commission (FERC) granted in part, and denied in part, a Petition for Declaratory Order filed by PennEast Pipeline Company, LLC on October 4, 2019. In this petition, PennEast Pipeline asked FERC to provide an interpretation of the scope of eminent domain authority under NGA Section 7(h). PennEast initiated this petition after the U.S. Court of Appeals for the Third Circuit ruled on September 10, 2019, that PennEast was barred by the 11th Amendment from suing New Jersey […]
Penn East Pipeline Project – U.S. Court of Appeals Denies Eminent Domain Proceedings by PennEast Pipeline Company, LLC for the Acquisition of New Jersey State-Owned Properties
Written by Chloe Marie – Research Specialist
The PennEast Pipeline Project is a 120-mile expansion project operated by PennEast Pipeline Company, LLC and proposes to transport 1 billion cubic feet (Bcf) per day of natural gas from Dallas, Luzerne County, in northeastern Pennsylvania to the existing Transco’s pipeline interconnection located near Pennington, Mercer County, New Jersey.
PennEast Pipeline Company, LLC filed an application in September 2015 with the Federal Energy Regulatory Commission (FERC) to obtain a certificate of public convenience and necessity for the pipeline project. On April 7, 2017, FERC released a Final Environmental Impact Statement (FEIS) and concluded that the approval of […]