The Court, in a 5–4 decision issued in June 2021, ruled that states, by nature of ratifying the Constitution, gave up their ability to exercise sovereign immunity from the federal government or from those parties whom they have delegated that authority.

FERC's approval included the ability for PennEast to use eminent domain to obtain parcels of property along the route under terms of the Natural Gas Act of 1938 and its 1947 amendment to 15 U.S.C.

This approval was met with numerous criticisms by New Jersey and other respondents, and a separate suit challenging the FERC's order was raised at the United States Court of Appeals for the District of Columbia Circuit.

[1] As the case challenging the FERC order proceeded, PennEast began legal action to use the eminent domain power to acquire the land for the pipeline.

Thus, even in areas where Article I grants it 'complete lawmaking authority,' Congress lacks a tool that it could otherwise use to implement its power: 'authorization of suits by private parties against unconsenting States.

'"[4] Despite its victory in the Supreme Court, PennEast withdrew its eminent domain claims on New Jersey state land and canceled the pipeline project.