Now In My Backyard: PA and NJ Federal Courts Grant Right of Eminent Domain for Construction of Natural Gas Pipeline

Recently, the United States District Courts for the Middle District of Pennsylvania and the District of New Jersey almost simultaneously granted a consortium of natural gas companies the right of eminent domain to take steps towards building a pipeline connecting natural gas sources in Pennsylvania to parts of New Jersey. The opinions, which were released within three days of one another, involved challenges by local residents, environmental groups, and governmental agencies who argued that because certificates of approval had not
Continue reading...

Nuclear NY: “ZEC” Subsidies Permitted by Second Circuit

On September 27, 2018, the Second Circuit Court of Appeals upheld the District Court’s ruling in Coalition for Competitive Elec., et al. v. Zibelman, et al., and determined that New York State’s ZEC program is neither field nor conflict preempted. No. 17-2654, 2018 WL 4622696 (2nd Cir. Sept. 27, 2018). Moreover, the court found that the plaintiffs lacked Article III standing to raise a dormant Commerce Clause claim. In August 2016, the New York Public Service Commission (PSC) adopted the
Continue reading...