Washington, D.C. – Consumer Energy Alliance (CEA), the leading voice for responsible energy and environmental policies for families and businesses, today provided a statement following the U.S. Supreme Court’s oral arguments on PennEast Pipeline’s right-of-way case.

“We’re encouraged that the PennEast case has finally gotten its day in our nation’s highest court. In a time of great evolution of our energy systems, the importance of upholding existing laws that enable the massive investments required to provide reliable, environmentally sound and affordable energy cannot be understated. The PennEast case is about putting a stop to activist-driven state actions that deny consumers and businesses across the Mid-Atlantic and Northeast their right to safe, affordable and abundant energy,” said CEA Mid-Atlantic Director Mike Butler. “The framers of our Constitution correctly recognized that no single state should be able to put its individual or political priorities above those of the nation, as has happened in PennEast to the detriment of consumers in neighboring states. We hope the court agrees and finds in favor of PennEast. Doing so will provide the certainty needed to encourage the large investments in energy systems, both renewable and traditional, needed to keep energy affordable, environmentally sound and reliable into the future.”

CEA filed a friend of the court amicus brief in March 2020 arguing for the Supreme Court to accept certiorari and for the U.S. Court of Appeals for the Third Circuit ruling to be overturned.

Victoria Kush, Shareholder at Buchanan Ingersoll & Rooney PC and counsel of record for CEA in its amicus brief, notes:

“Today’s oral argument in PennEast Pipeline Co. v. New Jersey emphasized that eminent domain authority, as provided for by the Fifth Amendment, is essential to the execution of interstate infrastructure projects such as natural gas pipelines. During oral argument, PennEast correctly emphasized that it is an oxymoron for a sovereign immunity defense to be used by a state against a superior sovereign. In condemning state lands for an interstate natural gas pipeline, PennEast acts not as a discrete, private entity, but rather, as an entity deputized with the condemnation authority of the federal government under the oversight and approvals of the Federal Energy Regulatory Commission. Indeed, the eminent domain authority exercised by PennEast was already federally approved and only permitted based on the delegated authority of the federal government. It is our hope that the Justices will not disturb the historical delegability of federal eminent domain authority and issue a decision in favor of PennEast.”


About Consumer Energy Alliance
Consumer Energy Alliance (CEA) is the leading voice for sensible energy and environmental policies for consumers, bringing together families, farmers, small businesses, distributors, producers, and manufacturers to support America’s environmentally sustainable energy future. With more than 550,000 members nationwide, we are committed to leading the nation’s dialogue around energy, its critical role in the economy, and how it supports the vital supply chains for the families and businesses that depend on them. CEA works daily to encourage communities across the nation to seek sensible, realistic, and environmentally responsible solutions to meet our nation’s energy needs.

Bryson Hull
(202) 429-4362