IN RE: PENNEAST PIPELINE COMPANY, LLC State of New Jersey; New Jersey Department of Environmental Protection; New Jersey State Agriculture Development Committee; Delaware & Raritan Canal Commission; New Jersey Water Supply Authority; New Jersey Department of Transportation; New Jersey Department of the Treasury; New Jersey Motor Vehicle Commission, Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued June 10, 2019
Filed: September 10, 2019.
Amended: September 11, 2019.
Amended: September 19, 2019.
Attorney(s) appearing for the Case
Mark A. Collier , Jeremy Feigenbaum [ARGUED], Office of Attorney General of New Jersey, Division of Law, 25 Market Street, Richard J. Hughes Justice Complex, Trenton, NJ 08625, Counsel for Appellants, State of New Jersey, New Jersey Dept. of Environmental Protection, New Jersey State Agriculture Dev. Committee, New Jersey Motor Vehicle Commission, Delaware & Raritan Canal Commission, New Jersey Water Supply Authority, New Jersey Department of Transportation, New Jersey Department of Treasury.
Jennifer Selendy , Selendy & Gay, 1290 Avenue of the Americas — 17th Floor, New York, NY 10104, Counsel for Amicus Appellant Niskanen Center
Marueen T. Coghlan , James M. Graziano [ARGUED], Archer & Greiner, One Centennial Square, 33 East Euclid Avenue, Haddonfield, NJ 08033, Counsel for Appellee PennEast Pipeline Co, LLC
Anna M. Manasco , Lela Hollabaugh , Bradley Arant Boult Cummings, 1819 Fifth Avenue North, One Federal Place, Birmingham AL 35203, Counsel for Amicus Appellees American Gas Association, Interstate Natural Gas Association of America, American Petroleum Institute, Chamber of Commerce of the United States of America, National Association of Manufacturers
Before: JORDAN, BIBAS, and NYGAARD, Circuit Judges.
OPINION OF THE COURT
JORDAN, Circuit Judge.
The Natural Gas Act ("NGA"), 15 U.S.C. §§ 717-717z, allows private gas companies to exercise the federal government's power to take property by eminent domain, provided certain jurisdictional requirements are met. This appeal calls on us to decide whether that delegation of power allows...
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