PennEast Pipeline Co. v. New Jersey
Below are plain-language sections to help you understand what the Court decided in PennEast Pipeline Co. v. New Jersey and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of PennEast Pipeline Co. v. New Jersey.
The Supreme Court addressed whether the Natural Gas Act authorizes private entities to use federal eminent domain power to condemn state-owned land. The Court considered the interplay between federal authority and state sovereign immunity. The decision clarified the scope of federal eminent domain power and its delegation to private parties.
Holding
The single most important “bottom line” of what the Court decided in PennEast Pipeline Co. v. New Jersey.
The Court held that Section 717f(h) authorizes FERC certificate holders to condemn all necessary rights-of-way, whether owned by private parties or States.
Constitutional Concepts
These are the Constitution-related themes that appear in PennEast Pipeline Co. v. New Jersey. Click a concept to see other cases that involve the same idea.
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Why Takings Clause is relevant to PennEast Pipeline Co. v. New Jersey
The case primarily deals with the federal eminent domain power, which is directly related to the Takings Clause of the Fifth Amendment.
Syllabus excerpt (verbatim)Eminent domain is the power of the government to take property for public use without the consent of the owner.
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Why State Sovereign Immunity is relevant to PennEast Pipeline Co. v. New Jersey
The case addresses whether states have sovereign immunity against federal eminent domain actions initiated by private parties.
Syllabus excerpt (verbatim)Respondents contend that sovereign immunity bars condemnation actions against a nonconsenting State.
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Why State–Federal Power is relevant to PennEast Pipeline Co. v. New Jersey
The case involves the allocation of authority between state and federal governments, particularly regarding the federal government's eminent domain power over state-owned land.
Syllabus excerpt (verbatim)The Federal Government enjoys a power of eminent domain superior to that of the States.
Key Quotes
Short excerpts from the syllabus in PennEast Pipeline Co. v. New Jersey that support the summary and concepts above.
Section 717f(h) authorizes FERC certificate holders to condemn all necessary rights-of-way, whether owned by private parties or States.
The Federal Government has exercised its eminent domain authority since the founding.
States' immunity from suit is a fundamental aspect of the sovereignty which the States enjoyed before the ratification of the Constitution.







