PennEast Pipeline Co. v. New Jersey

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-1039	3rd Cir.	Apr 28, 2021	Jun 29, 2021	5-4	Roberts	OT 2020

Holding: A certificate of public convenience and necessity issued by the Federal Energy Regulatory Commission pursuant to Section 717f(h) of the Natural Gas Act authorizes a private company to condemn all necessary rights-of-way, whether owned by private parties or states.

Judgment: Reversed and remanded, 5-4, in an opinion by Chief Justice Roberts on June 29, 2021. Justice Gorsuch filed a dissenting opinion, in which Justice Thomas joined. Justice Barrett filed a dissenting opinion, in which Justices Thomas, Kagan and Gorsuch joined.

SCOTUSblog Coverage

Is sovereign immunity out of gas in pipeline condemnation case? (Mark Latham, July 1, 2021)
Divided court says New Jersey can't stop natural-gas pipeline (James Romoser, June 29, 2021)
Justices contemplate the interplay of eminent domain and sovereign immunity (Mark Latham, May 2, 2021)
Eminent domain, sovereign immunity and a controversial pipeline through New Jersey (Mark Latham, April 27, 2021)
Justices take immigration cases off February calendar (Amy Howe, February 3, 2021)
No new grants today (Amy Howe, June 29, 2020)
Petitions of the week (Andrew Hamm, April 2, 2020)

Date	Proceedings and Orders (key to color coding)
01/24/2020	Application (19A836) to extend the time to file a petition for a writ of certiorari from February 3, 2020 to March 4, 2020, submitted to Justice Alito.
01/27/2020	Application (19A836) granted by Justice Alito extending the time to file until March 4, 2020.
02/18/2020	Petition for a writ of certiorari filed. (Response due March 23, 2020)
03/09/2020	Blanket Consent filed by Petitioner, PennEast Pipeline Company, LLC.
03/20/2020	Brief amicus curiae of Marcellus Shale Coalition and Pennsylvania Independent Oil & Gas Association filed.
03/20/2020	Brief amicus curiae of Industrial Energy Consumers of America filed.
03/23/2020	Brief amicus curiae of Columbia Gas Transmission, LLC filed.
03/23/2020	Brief amici curiae of Pennslvania Manufacturers' Association, et al. filed.
03/23/2020	Brief amici curiae of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, et al. filed.
03/23/2020	Waiver of New Jersey Conservation Foundation of right to respond not accepted for filing. (March 24, 2020)
03/23/2020	Waiver of right of respondent New Jersey Conservation Foundation to respond filed.
03/23/2020	Brief amicus curiae of Consumer Energy Alliance filed.
03/23/2020	Brief amicus curiae of Energy Equipment and Infrastructure Alliance filed.
03/23/2020	Brief amici curiae of Interstate Natural Gas Association of America, American Gas Association, American Petroleum Institute filed.
03/23/2020	Brief amici curiae of The Chamber of Commerce of the United States of America and the Pennsylvania Chamber of Business and Industry filed.
03/23/2020	Waiver of right of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. to respond filed.
04/01/2020	DISTRIBUTED for Conference of 4/17/2020.
04/13/2020	Response Requested. (Due May 13, 2020)
04/30/2020	Motion to extend the time to file a response from May 13, 2020 to June 12, 2020, submitted to The Clerk.
04/30/2020	Response to motion from petitioner PennEast Pipeline Company, LLC filed.
05/01/2020	Motion to extend the time to file a response is granted in part; the time is extended to and including June 2, 2020, for all respondents.
06/02/2020	Brief of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. in opposition filed.
06/02/2020	Waiver of right of respondent New Jersey Conservation Foundation to respond filed.
06/03/2020	Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
06/09/2020	DISTRIBUTED for Conference of 6/25/2020.
06/09/2020	Reply of petitioners PennEast Pipeline Company, LLC filed. (Distributed)
06/29/2020	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
12/09/2020	Brief amicus curiae of United States filed.
12/23/2020	Supplemental brief of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. filed.
01/07/2021	DISTRIBUTED for Conference of 1/22/2021.
02/03/2021	Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Did the Court of Appeals properly exercise jurisdiction over this case? The case will be set for argument in the April 2021 argument session.
02/05/2021	Blanket Consent filed by Petitioner, PennEast Pipeline Company, LLC
02/08/2021	Joint motion to set the briefing schedule filed by the parties.
02/10/2021	Joint motion to set the briefing schedule GRANTED. Petitioner's brief on the merits will be filed on or before March 1, 2021. Respondents briefs on the merits will be filed on or before March 31, 2021. The reply brief will be filed in compliance with Rule 25.3.
02/22/2021	Blanket Consent filed by Respondent, New Jersey Conservation Foundation
03/01/2021	Brief of petitioner PennEast Pipeline Company, LLC filed.
03/01/2021	Joint appendix (two volumes) filed. (Statement of cost filed).
03/04/2021	Blanket Consent filed by Respondent, State of New Jersey; NJ Department of Envrionmental Protection, et al.
03/08/2021	Brief amici curiae of The Chamber of Commerce of the United States of America and the Pennsylvania Chamber of Business and Industry filed.
03/08/2021	Brief amicus curiae of Columbia Gas Transmission, LLC filed.
03/08/2021	Brief amici curiae of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, et al. filed.
03/08/2021	Brief amicus curiae of Energy Equipment and Infrastructure Alliance filed.
03/08/2021	Brief amici curiae of Pennslvania Manufacturers' Association and the New Jersey Business & Industry Association filed.
03/08/2021	Brief amicus curiae of United States filed.
03/08/2021	Brief amici curiae of Interstate Natural Gas Association of America, American Gas Association, American Petroleum Institute filed.
03/08/2021	Brief amici curiae of Marcellus Shale Coalition and Pennsylvania Independent Oil & Gas Association filed.
03/12/2021	SET FOR ARGUMENT on Wednesday, April 28, 2021.
03/15/2021	Record requested.
03/30/2021	CIRCULATED
03/31/2021	Brief of respondent New Jersey Conservation Foundation filed. (Distributed)
03/31/2021	Brief of respondents New Jersey, et al. filed. (Distributed)
03/31/2021	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
04/07/2021	Brief amici curiae of State of Oregon, et al. filed. (Distributed)
04/07/2021	Brief amicus curiae of Institute for Justice filed. (Distributed)
04/07/2021	Brief amici curiae of The Council of State Governments, et al. filed. (Distributed)
04/16/2021	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
04/16/2021	Reply of petitioner PennEast Pipeline Company, LLC filed. (Distributed)
04/28/2021	Argued. For petitioner: Paul D. Clement, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Jeremy M. Feigenbaum, Counsel to the Attorney General, Trenton, N. J.
06/29/2021	Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Breyer, Alito, Sotomayor, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas, J., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Kagan, and Gorsuch, JJ., joined.
08/02/2021	JUDGMENT ISSUED.