U.S. Supreme Court,
Environmental & Energy,
Constitutional Law,
Administrative/Regulatory
May 14, 2021
Arguments: Does NGA delegate eminent domain powers to private parties?
The U.S. Supreme Court recently considered whether the Natural Gas Act delegates the federal government’s eminent domain power to private parties and whether such delegation violates sovereign immunity.
Michael Mills
Partner
Stoel Rives LLP
Michael is an experienced environmental lawyer who represents his clients in complex regulatory, compliance and litigation matters. He is also the former co-chair of the firm's Energy and Natural Resources Industry Group.
Sarah M. Taylor
Associate
Stoel Rives LLP
Email: sarah.taylor@stoel.com
UCLA SOL; Los Angeles CA
Sarah is in the firm's Environment, Land Use and Natural Resources group and has broad experience counseling clients in permitting mines, development projects, and mitigation banks and has defended clients against Clean Water Act violations.
On April 28, the U.S. Supreme Court heard oral argument in the PennEast Pipeline Company, LLC v. New Jersey case, in which the justices are considering two questions: (1) whether the Natural Gas Act delegates the federal government's eminent domain power to private parties, such as PennEast, and if such delegation abrogates state sovereign immunity; and (2) whether the 3rd U.S. Circuit Court of Appeals had jurisdiction over those proceeding...
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