"The Biden administration is throwing its legal weight behind the PennEast pipeline in a high-stakes Supreme Court case that could affect natural gas projects across the U.S.
The Justice Department urged the high court to overturn a ruling that blocked PennEast from using federal eminent domain authority to take New Jersey land along the $1 billion project’s route. The filing comes as environmental advocates press the Biden administration to shut down or thwart development of other oil and natural gas pipelines.
“The right of eminent domain was well-known at the Founding. As the Court has long recognized, the Constitution conferred that authority on the federal government, including the authority to take State-owned land, for projects within the government’s enumerated powers,” Acting Solicitor General Elizabeth B. Prelogar wrote in the brief."
Ellen M. Gilmer reports for Bloomberg Environment March 9, 2021.