On behalf of several state and local government organizations, Selendy & Gay has filed an amicus brief with the U.S. Supreme Court, arguing that the federal government did not delegate its authority to condemn state lands to a private pipeline developer.
In 2019, the United States Court of Appeals for the Third Circuit barred the developers of the proposed $1 billion, 120-mile PennEast Pipeline from seizing state-controlled lands in New Jersey after PennEast unsuccessfully argued that the Natural Gas Act permitted such takings. The developers then appealed to the Supreme Court.
In their brief, the amici lay out the significant consequences of a reversal, including disruption of state and local land use policies and the lack of political accountability for private takings of state lands.
The Supreme Court is set to hear arguments in April.
The Selendy & Gay Team
Representing the amici from Selendy & Gay are Jennifer Selendy, Caitlin Halligan, Vivek Tata, Erica Iverson and Adam Hersh.