PennEast Pipeline Co. v. New Jersey
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 John Roberts on Jun 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.
Jan 24, 2020Application (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.
Jan 27, 2020Application (19A836) granted by Justice Alito extending the time to file until March 4, 2020.
Feb 18, 2020Petition for a writ of certiorari filed. (Response due March 23, 2020)Mar 9, 2020Blanket Consent filed by Petitioner, PennEast Pipeline Company, LLC.Mar 20, 2020Brief amicus curiae of Marcellus Shale Coalition and Pennsylvania Independent Oil & Gas Association filed.Mar 20, 2020Brief amicus curiae of Industrial Energy Consumers of America filed.Mar 23, 2020Brief amicus curiae of Columbia Gas Transmission, LLC filed.Mar 23, 2020Brief amici curiae of Pennslvania Manufacturers' Association, et al. filed.Mar 23, 2020Brief 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.Mar 23, 2020Waiver of New Jersey Conservation Foundation of right to respond not accepted for filing. (March 24, 2020)
Mar 23, 2020Waiver of right of respondent New Jersey Conservation Foundation to respond filed.Mar 23, 2020Brief amicus curiae of Consumer Energy Alliance filed.Mar 23, 2020Brief amicus curiae of Energy Equipment and Infrastructure Alliance filed.Mar 23, 2020Brief amici curiae of Interstate Natural Gas Association of America, American Gas Association, American Petroleum Institute filed.Mar 23, 2020Brief amici curiae of The Chamber of Commerce of the United States of America and the Pennsylvania Chamber of Business and Industry filed.Mar 23, 2020Waiver of right of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. to respond filed.Apr 1, 2020DISTRIBUTED for Conference of 4/17/2020.
Apr 13, 2020Response Requested. (Due May 13, 2020)
Apr 30, 2020Motion to extend the time to file a response from May 13, 2020 to June 12, 2020, submitted to The Clerk.Apr 30, 2020Response to motion from petitioner PennEast Pipeline Company, LLC filed.May 1, 2020Motion 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.
Jun 2, 2020Brief of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. in opposition filed.Jun 2, 2020Waiver of right of respondent New Jersey Conservation Foundation to respond filed.Jun 3, 2020Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.Jun 9, 2020DISTRIBUTED for Conference of 6/25/2020.
Jun 9, 2020Reply of petitioners PennEast Pipeline Company, LLC filed. (Distributed)Jun 29, 2020The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 9, 2020Brief amicus curiae of United States filed.Dec 23, 2020Supplemental brief of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. filed.Jan 7, 2021DISTRIBUTED for Conference of 1/22/2021.
Feb 3, 2021Petition 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.
Feb 5, 2021Blanket Consent filed by Petitioner, PennEast Pipeline Company, LLCFeb 8, 2021Joint motion to set the briefing schedule filed by the parties.Feb 10, 2021Joint 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.
Feb 22, 2021Blanket Consent filed by Respondent, New Jersey Conservation FoundationMar 1, 2021Brief of petitioner PennEast Pipeline Company, LLC filed.Mar 1, 2021Joint appendix (two volumes) filed. (Statement of cost filed).Mar 4, 2021Blanket Consent filed by Respondent, State of New Jersey; NJ Department of Envrionmental Protection, et al.Mar 8, 2021Brief amici curiae of The Chamber of Commerce of the United States of America and the Pennsylvania Chamber of Business and Industry filed.Mar 8, 2021Brief amicus curiae of Columbia Gas Transmission, LLC filed.Mar 8, 2021Brief 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.Mar 8, 2021Brief amicus curiae of Energy Equipment and Infrastructure Alliance filed.Mar 8, 2021Brief amici curiae of Pennslvania Manufacturers' Association and the New Jersey Business & Industry Association filed.Mar 8, 2021Brief amicus curiae of United States filed.Mar 8, 2021Brief amici curiae of Interstate Natural Gas Association of America, American Gas Association, American Petroleum Institute filed.Mar 8, 2021Brief amici curiae of Marcellus Shale Coalition and Pennsylvania Independent Oil & Gas Association filed.Mar 12, 2021SET FOR ARGUMENT on Wednesday, April 28, 2021.
Mar 15, 2021Record requested.
Mar 30, 2021CIRCULATED
Mar 31, 2021Brief of respondent New Jersey Conservation Foundation filed. (Distributed)Mar 31, 2021Brief of respondents New Jersey, et al. filed. (Distributed)Mar 31, 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Apr 7, 2021Brief amici curiae of State of Oregon, et al. filed. (Distributed)Apr 7, 2021Brief amicus curiae of Institute for Justice filed. (Distributed)Apr 7, 2021Brief amici curiae of The Council of State Governments, et al. filed. (Distributed)Apr 16, 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 16, 2021Reply of petitioner PennEast Pipeline Company, LLC filed. (Distributed)Apr 28, 2021Argued. 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.
Jun 29, 2021Judgment 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.
Aug 2, 2021JUDGMENT ISSUED.
Recommended Citation: PennEast Pipeline Co. v. New Jersey, SCOTUSblog, https://www.scotusblog.com/cases/penneast-pipeline-co-v-new-jersey/