Publication Date
2025
Abstract
This Note considers the modern implications of the takings power in light of PennEast Pipeline Co. v. New Jersey, a 2021 U.S. Supreme Court decision holding that states do not have the right to exercise state sovereign immunity against private parties holding congressionally delegated authority. Against current environmental conditions and recent takings power history, this Note then examines the delegation power of Congress and the public policy implications of the present administrative scheme—as compared to the typical exercise of the federal eminent domain power. Finally, this Note argues that the current administrative scheme ultimately removes important decisions impacting local environments from the same communities that will feel their repercussions.
Recommended Citation
Wood, Emily C.
(2025)
"PennEast Pipeline and the Policy Implications of the Private Use of Eminent Domain,"
Georgia Law Review: Vol. 59:
No.
3, Article 8.
Available at:
https://digitalcommons.law.uga.edu/glr/vol59/iss3/8