On Wednesday, September 6, 2017, the Law Offices of Carolyn Elefant, on behalf of Bold Alliance and more than 55 landowners filed this historic lawsuit against the Federal Energy Regulatory Commission, Mountain Valley Pipeline and Atlantic Coast Pipeline challenging the constitutionality of the use of eminent domain to take property for FERC-approved pipelines. Although eminent domain has long been used by public utilities, changes in the gas industry in the form of deregulation and overseas export opportunities call into question whether use of eminent domain is constitutional when pipelines no longer serve a public use. News coverage of the lawsuit is available here. For additional information, contact Carolyn Elefant at firstname.lastname@example.org.
The firm just released our 2016 Appellate Round-Up – the flagship feature of our newsletter for the past five years. Essentially, we summarize every federal circuit court decision involving FERC and provide the stats on FERC’s rate of reversal before the court (spoiler: it’s not very high). To view the 2016 Appellate Round-Up (and other firm news), visit here. To view past issues, visit here and to subscribe, visit here.