PennEast Pipeline Co., LLC v. New Jersey: Determining Whether Private Parties May Pierce the Sovereign Immunity of the States in Eminent Domain Actions as Authorized by Congress

Authored by Synclair B. Goyer

This article discusses the 2021 Supreme Court decision in PennEast Pipeline Co., LLC v. New Jersey and examines how the Court has resolved issues of federal eminent domain power against State sovereign immunity as it pertains to private suits. States are generally immune from suit by private individuals and yet the Court found a way to circumvent this traditional and historical immunity given to the States by allowing the federal government to delegate its federal power to private individuals. The Court’s majority creates new precedent allowing private individuals to breach State sovereign immunity which traditionally had been reserved to the federal government only. This article articulates that eminent domain and sovereign immunity are two separate issues that should be analyzed separately as apposed to the Court’s approach of treating them as the same issue. Finally, this article concludes with a warning as to how this ruling could inevitably erode State sovereign immunity beyond eminent domain issues and that more case law is needed to round out the Court’s decision.