The Supreme Court hears Trenton’s claim to regulatory supremacy.
By The Editorial Board • April 26, 2021 6:37 pm ET
The Biden Administration is no fan of fossil fuels. But even it disagrees with New Jersey’s slick argument in a case the Supreme Court will hear Wednesday that the Constitution gives states a veto over interstate gas pipelines that trumps federal regulatory and judicial review.
At issue in PennEast Pipeline Co. v. New Jersey is a 116-mile pipeline between Pennsylvania and New Jersey. The Federal Energy Regulatory Commission (FERC) approved the pipeline after a two-year review that involved more than 200 meetings with public officials. Some 70 variations were made to the route during the review. MORE >>