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FERC Asserts Authority: Declaratory Order Says Eminent Domain Exempted From State Sovereign Immunity

By Kelly Daly, Farris Gillman, and Fabian Eichentopf[1] In a recent declaratory order, the Federal Energy Regulatory Commission (“FERC”) asserted the right of its certificate holders to “exercise eminent domain authority over state-owned land.”[2]  The Natural Gas Act (“NGA”) provides that “[w]hen any holder of a certificate . . . cannot acquire by contract . […]

Former Associate