N.J. Warns of Undermining States in Supreme Court Pipeline Case

A win for a pipeline developer in a pending U.S. Supreme Court case would trample state sovereignty, New Jersey lawyers told the high court Wednesday.

“Fundamental precepts of sovereign immunity establish that private parties cannot sue nonconsenting States. That rule extends to condemnation suits,” New Jersey Attorney General Gurbir S. Grewal (D) argued in the state’s brief.

At issue is the proposed PennEast natural gas pipeline, a $1 billion project that would stretch more than 100 miles from Pennsylvania to New Jersey. PennEast received approval from the Federal Energy Regulatory Commission and began using eminent domain authority to seize ...