Property Owners are Gearing Up to Fight a “Tsunami” of Pipeline Projects
When it comes to energy infrastructure in the United States, few issues spark as much debate as the construction of interstate energy pipelines. These projects are often touted as essential for ensuring energy security, reducing transportation costs, and supporting economic growth. However, pipelines also raise significant legal and ethical questions when they require the use...
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Why Are North and South Dakota Fighting Over Carbon Pipelines?
A $9 billion carbon pipelines project has triggered a legal standoff between North and South Dakota. South Dakota’s eminent domain ban threatens to derail Summit Carbon Solutions’ ambitious plan to transport CO₂ from ethanol plants across state lines. North Dakota officials explored legal action but recently backed down, leaving the project’s future uncertain. What’s Behind...
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Fourth Circuit Reverses Summary Judgment in Favor of Pipeline Company
This case serves as a reminder that the client usually knows more about their property that anyone else. Don’t hesitate to put them on the stand! The Fourth Circuit issued an opinion on January 27, 2025 in Mountain Valley Pipeline, LLC v. 0.32 ACRES OF LAND, Owned by Grace Minor Terry. Full opinion here: Mountain Valley...
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SCOTUS Declines DAPL Appeal: What It Means for the Dakota Access Pipeline
The Supreme Court’s decision to decline the DAPL appeal has significant implications for the future of the Dakota Access Pipeline. The Dakota Access Pipeline (DAPL) has been a focal point of controversy since its inception, primarily due to its environmental impact and the opposition from Native American tribes. The recent refusal by the Supreme Court...
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SCOTUS Sends Pipeline Eminent Domain Case Back to the District Court
Our blog (and law firm, for that matter) is no stranger to federal pipeline eminent domain cases. Here are some of our prior blog posts about the topic for your reading pleasure. The most recent news comes from the United States Supreme Court in a matter that challenges the Federal Energy Regulatory Commission’s (“FERC”)...
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Oberlin Pipeline Challege Ends at DC Circuit Court of Appeal
“Tin soldiers and Nixon’s coming We’re finally on our own This summer I hear the drumming Four dead in Ohio….” Ohio, Crosby Stills Nash & Young (Neil Young). Well, it’s not as drastic as “four dead in Ohio”, but I love the tune and the City of Oberlin’s appeal is now dead (unless miraculously revived...
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PennEast Pipeline Prevails Because State Consented to Taking Under the “Plan of the Constitutional Convention” in 1787
In a 5-4 decision issued yesterday, the United States Supreme Court answered the question “whether the Federal Government can constitutionally confer on pipeline companies the authority to condemn necessary rights-of way in which a State has an interest. We hold that it can.” The full text of the opinion is here. By way of recap,...
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US Supreme Court Alert – PennEast Pipeline Cert Petition Granted !
All you SCOTUS watchers already know the news, but yesterday the United States Supreme Court granted PennEast Pipeline Company’s petition for certiorari. Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Did the Court of Appeals properly exercise jurisdiction over this case?...
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Property Owners Standing Strong Against Pipeline Companies
Just as President Trump moves to block Russia’s expansion of its natural gas pipeline infrastructure, local property owners continue to stand their ground against pipeline companies. PennEast Pipeline & the Supreme Court Several owners in Mercery County opposed the PennEast Pipeline project. NextCity just published an article detailing an owner’s years-long battle against PennEast. Back...
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Federal Appeals Court Rules PennEast Cannot Haul State into Federal Court for Pipeline Takings
We may be late to the party, as there has already been a lot of publicity over this decision, but thought we would add a few lines for our readers. The Circuit Court immediately explained that the District Court granted PennEast “orders of condemnation and preliminary injunctive relief for immediate access to the properties.” Slip...
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