11th Circuit Issues Pipeline Ruling Against Landowners

The Transcontinental Gas Pipeline Co. and its Atlanta lawyers have won an important victory with a ruling from the U.S. Court of Appeals for the Eleventh Circuit approving a 115-mile path through private property in Northwest Georgia.

“We conclude that the district court properly granted summary judgment in favor of Transcontinental on its claim for condemnation under the Natural Gas Act,” Judge Julie Carnes said in a 90-page opinion released Thursday. “We further conclude that the district court did not abuse its discretion in issuing a preliminary injunction granting Transcontinental immediate access to Defendants' properties conditioned on Transcontinental posting a surety bond in an amount equal to twice the appraised values of the interests condemned.”

The panel joining Carnes included Judge Jill Pryor with Judge Anne Conway of the Middle District of Florida, sitting by designation. They affirmed U.S. District Judge Eleanor Ross of the Northern District of Georgia.

William Clay Massey of Alston & Bird argued for the company at oral arguments in September. His team included Nowell Berreth, Phil Sandick, Nicole DeMoss and Tony Greene. Alston & Bird deferred to the company for comment. A spokesman for Transcontinental issued a statement applauding the decision.