Federal Eminent Domain Power Prevails Over State Sovereign Immunity in Newest Supreme Court Case

Building energy‐related infrastructure, assuring reliable sources of energy generation, and protecting the environment are not novel concerns. Since the Founding of the Republic, the federal government has not hesitated to exercise the power of eminent domain to address infrastructure priorities. Nor has the national sovereign done so singlehandedly; often times it has delegated its authority to private actors, who proceed under the federal government's aegis in acquiring both private property and state‐owned lands.