The Solicitor General has filed an amicus brief supporting the PennEast Pipeline’s petition for the U.S. Supreme Court to hear its case against New Jersey’s efforts to stop the project from condemning state-owned land. 

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Acting Solicitor General Jeffrey B. Wall said the certificate of public convenience and necessity issued to PennEast by FERC “expressly” allows it to exercise eminent domain to build the pipeline. 

“Any challenge to petitioner’s authority to execute those terms must be brought, if at all, through a challenge to the certificate itself, not through a collateral attack,” Wall wrote in his brief, which was filed on Wednesday.

PennEast petitioned the court earlier this year to review the U.S. Court of Appeals for the Third Circuit’s ruling that a...