Natural Gas Act • Eminent Domain • Federal Energy Regulatory Commission • Preliminary Injunction
Transcontinental Gas Pipe Line Co., LLC v. Permanent Easement for 2.14 Acres, PICS Case No. 17-1457 ( E.D. Pa. Aug. 23, 2017) Schmehl, J. (23 pages).
Court granted pipeline company’s motions for summary judgment and preliminary injunction in action for the taking of property for the construction of an interstate natural gas pipeline because FERC had issued a certificate of public convenience, landowners’ due process challenges were attacks on the FERC order disguised as constitutional claims, the court lacked jurisdiction to address a challenge to the FERC order, the filing of a request for a rehearing did not operate as a stay of a certificate order, due process did not require an in-person evidentiary hearing, and the FERC order was not a “conditional order” because the NGA did not contain a requirement that the holder of a FERC certificate satisfy all conditions of the certificate prior to the exercise of eminent domain. Motions granted.
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