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U.S. Supreme Court. Photo by John Brighenti.

U.S. Supreme Court will review PennEast pipeline appeal

By David Wildstein, February 03 2021 10:20 am

The U.S. Supreme Court has agreed to review a ruling barring developers from taking land owned by the State of New Jersey for the PennEast pipeline project.

New Jersey Attorney General Gurbir Grewal had urged the top court not to evaluate a ruling that prohibited PennEast from exercising eminent domain over the state.

Grewal had argued that the U.S. Constitution prohibited private companies using eminent domain against the state.

The Trump administration had argued that the U.S. Court of Appeals for the Third Circuit was wrong to give jurisdiction over eminent domain to the states.

PennEast, which is pushing a $1 billion pipeline project, lost their bid to take public land at the appellate court level.

Gov. Phil Murphy had fought the proposal to build a 116-mile natural gas pipeline, repeating his call to transition New Jersey to 100% clean energy by 2050.

Murphy’s opposition to the pipeline project has come despite strong support from labor unions who want the jobs the PennEast project would bring the state.

New Jersey’s case will be argued by the newly-named state Solicitor General, Jeremy Feigenbaum.  Feigenbaum is a former law clerk to Justice Elena Kagan.

The story was first reported by Law360.

This story was updated at 9:27 PM to include that Feigenbaum will represent the state.