Split U.S. High Court Rules Fracking Pipeline Company May Use Eminent Domain

Mealey's (June 29, 2021, 12:33 PM EDT) -- WASHINGTON, D.C. — The U.S. Supreme Court on June 29 ruled 5-4 that the Natural Gas Act (NGA) authorizes entities that hold certificates from the Federal Energy Regulatory Commission (FERC) to condemn all necessary rights of way to build pipelines; therefore, states do not have sovereign immunity to oppose a company’s use of eminent domain authority to construct a pipeline that would carry hydraulically fractured oil and gas from Pennsylvania into New Jersey....