Supreme Court of the United States · Official docket →
0.12 Acres of Land, More or Less, in Washington County, Maryland, et al. v. Columbia Gas Transmission, LLC
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 23-1069 · judgment October 11, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In PennEast Pipeline Co. v. New Jersey, 141 S. Ct. 1289 (2021), the respondent State claimed sovereign immunity from a pipeline company’s exercise of federally delegated eminent domain power under the Natural Gas Act, 15 U.S.C. § 717f(h). Ruling for the company, this Court held that “the States consented in the plan of the Convention to the exercise of federal eminent domain power, including in condemnation proceedings brought by private delegatees.” PennEast, 141 S. Ct. at 2259. The parties in that case, however, did not address whether, even assuming such consent, federal jurisdiction over such proceedings—if brought against one State by a citizen of another State—might still be barred by the Eleventh Amendment’s statement that “[t]he Judicial power of the United States shall not be construed to extend” to suits “commenced or prosecuted against one of the United States by Citizens of another State.” This case, like PennEast, is a Natural Gas Act condemnation action, and it is brought against one State by a citizen of another. The question presented is: Does the Eleventh Amendment’s statement that “[t]he Judicial power of the United States shall not be construed to extend” to suits “commenced or prosecuted against one of the United States by Citizens of another State” bar federal courts from exercising jurisdiction over such suits notwithstanding the defendant State’s consent?
Counsel of record
For petitioner
Joshua Morris Segal
Office of the Attorney General
For respondent
Stephen Robert McAllister
Dentons US LLP
Case
Subject area
Federalism (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, February 20, 2024 · Certiorari denied
Proceedings
- Feb 20 2024Petition DENIED.
- Jan 17 2024DISTRIBUTED for Conference of 2/16/2024.
- Jan 12 2024Waiver of right of respondent Columbia Gas Transmission, LLC to respond filed.
- Jan 09 2024Petition for a writ of certiorari filed. (Response due February 12, 2024)