Federal appeals court: PennEast Pipeline can't use eminent domain to seize NJ properties


PennEast has filed an appeal with the U.S. Supreme Court regarding its proposed 110-mile pipeline.

Last week, The Third Circuit denied a request to have an en banc panel reconsider a decision disallowing use of eminent domain to acquire properties belonging to the state of New Jersey along the PennEast pipeline's route, according to the New Jersey Sierra Club.  

A federal appeals court had said PennEast Pipeline can't use eminent domain to seize state-owned properties. That ruling reversed a district court decision that gave the company access to the land.

PennEast had targeted 40 parcels of land that have been preserved for recreation, conservation, or agricultural use.

In a statement Thursday, PennEast said the ruling disregarded Congress’s intent when it enacted laws governing natural gas. It said delayed pipeline construction in several states has forced small businesses to close and disrupted major development projects.

PennEast wants to build a 110-mile natural gas pipeline from Luzerne County in Pennsylvania to Mercer County in New Jersey.