[20210812]LSB10634_PennEast管道公司诉新泽西州：天然气管道公司能否对国家提起谴责诉讼？.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i PennEast Pipeline Company v. New Jersey: Can a Pipeline Company Bring a Condemnation Suit Against a State? August 12, 2021 A foundational principle of the United States, as reflected in various portions of the U.S. Constitution, is the notion that states retain certain sovereign powers. One such power that has repeatedly been the subject of litigation before the Supreme Court for more than 200 years is the states immunity from lawsuits brought by private citizens in federal court. The latest dispute over this power came before the Supreme Court in PennEast Pipeline Company v. New Jersey, which addressed a pipeline companys ability to condemn state lands using eminent domain power delegated to it by the Federal Energy Regulatory Commission (FERC) pursuant to Section 7 of the Natural Gas Act (NGA). In a 5-4 decision, the Supreme Court held that Section 7 permits pipeline companies to initiate such condemnation proceedings against states in federal court. The Courts decision provides clarity on the extent of the eminent domain power that is delegable under Section 7 and may also offer lesso