Yesterday, the State of New Jersey filed its brief in opposition to PennEast Pipeline Company’s request to the United States Supreme Court (PennEast’s request is known as a “Petition for Writ of Certiorari”) to review and reverse the Third Circuit Court of Appeal’s decision holding that PennEast cannot sue the State of New Jersey in federal court. Also, nine other “friends of the court” (amicus) filed briefs in support of PennEast’s position, mostly associations that support the natural gas pipeline industry.
In order for the United States Supreme Court to hear a case, a party to the case must make a written request for review by fling a Petition for Writ of Certiorari. That is step one, which is where we are right now.
PennEast seeks to focus the Court on how the Third Circuit decision has disrupted the way pipeline companies have been taking property to build pipelines for over 80 years and essentially gives states veto power over federal infrastructure projects. However, this reason does not seem to be a valid reason for the Court to ignore New Jersey’s right to Sovereign Immunity, a right it negotiated when it joined the Union.
We will keep you post on any new developments.