![]() Most American energy commodities are moved through pipelines in the United States. Allowing such releases provides for an escape of liability for knowingly bad acts-a purpose outside of what the bankruptcy system is intended to doI. The court found that there is no existing statutory authority to allow bankruptcy courts to authorize such third-party releases for non-debtors. District Court for the Southern District of New York vacated Purdue Pharma’s settlement plan that the Bankruptcy Court had approved because the plan included a release of liability in existing and potential future opioid related civil cases for individuals that are not parties to the bankruptcy proceeding. Preferred Citation: John Spisak, The Right Pipeline for All the Wrong Reasons, 62 Washburn L.J. ![]() Even though the Court correctly held that the federal government can delegate its power to sue the nonconsenting states, the Court's reasoning did not rationally support its holding. ![]() PennEast Pipeline Company held a Federal Energy Regulatory Commission certificate for public convenience and necessity authorizing the construction of a natural gas pipeline from Pennsylvania to New Jersey. Summary: The United States Supreme Court reversed the Third Circuit's ruling that Eleventh Amendment sovereign immunity barred private parties from exercising delegated federal eminent powers. John Spisak | Novem| PDF Version (141 KB)
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