Thursday, February 4, 2021
SCOTUS adds an appellate jurisdiction question to PennEast Pipeline case
Yesterday, the Supreme Court granted certiorari in PennEast Pipeline Co. v. New Jersey. The petition raises the question of whether the Natural Gas Act delegates to FERC certificate holders the power to assert the federal government’s eminent domain powers over state-owned land. But the Court added a second question in granting cert: “Did the Court of Appeals properly exercise jurisdiction over this case?”
You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog and at the Supreme Court website.
https://lawprofessors.typepad.com/civpro/2021/02/scotus-adds-an-appellate-jurisdiction-question-to-penneast-pipeline-case.html