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Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
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Regulatory Takings and Executive Power to Seize Property
On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or “Commission”) established “a new foundation” upon which new electric transmission facilities can be planned, paid for, and built. The Commission did so...more
Find out what challenges the natural gas industry faces to construct new pipelines and how these challenges have impacted gas supplies, particularly in the Northeast....more
Nearly 200 comments were filed in response to FERC’s February 18, 2021 Notice of Inquiry (NOI) that sought new information and perspectives on whether it should revise its policy statement on the certification of new...more
On Wednesday, April 28, a major component of the legal battle in the fight over interstate oil and gas pipelines will reach a climax. In Washington, D.C., the United States Supreme Court will hear oral argument in the case...more
The Federal Energy Regulatory Commission (FERC) recently invited public comment on environmental justice matters it may consider in future natural gas pipeline certificate proceedings, reopening a three-year-old notice and...more
On February 18, 2021, the Federal Energy Regulatory Commission (FERC or Commission) issued a supplemental Notice of Inquiry (February 2021 NOI) seeking additional comments on whether and how it should revise its approach...more
Last week, the United States Supreme Court agreed to hear the legal dispute that has stymied completion of the proposed $1 Billion PennEast Pipeline from the Marcellus Shale gas fields of Northeastern Pennsylvania to Central...more
The U.S. Supreme Court has agreed to review a case that will have far-reaching consequences for interstate pipeline projects. The case, PennEast Pipeline Co. v. New Jersey, involves a FERC-approved natural gas pipeline...more
Top Court Seeks Trump Administration Input on PennEast Pipeline - "The U.S. Supreme Court asked the Trump administration for input on a PennEast Pipeline Co. appeal that aims to jump-start a planned natural-gas line by...more
As we step into the second month of the New Year, we take a fresh look at areas of potential uncertainty percolating at and around the Federal Energy Regulatory Commission (“FERC” or the “Commission”) that could impact...more
The Subcommittee on Energy of the U.S. House of Representatives Committee on Energy and Commerce held a hearing on February 5th titled: Modernizing the Natural Gas Act to Ensure it Works for Everyone (“Hearing”) The...more
With the significant recent development of thousands of miles of new interstate natural gas pipeline infrastructure in the United States, landowner rights have gained increasing attention, spurred by the eminent domain...more
Supreme Court Showdown Set Over Pipeline Crossing of Appalachian Trail - "Led by Dominion and Duke Energy, the company contends that 'long-standing precedent' allows pipelines to cross the 2,000-mile national scenic...more
Residents of the Siberian town of Pervouralsk have been horrified by a sight they never expected – green colored snow. Vladimir Putin’s Russia, in the same way as the Communist Soviet Union, industrializes with little regard...more
The United States Court of Appeals for the Third Circuit has ruled against a Roman Catholic group challenging the use of their land in connection with an interstate natural gas pipeline. The Adorers of the Blood of Christ...more
State Files Motion to Dismiss Federal Lawsuit by EQT - "Lawyers representing the Secretary of the state Department of Environmental Protection have filed a motion to dismiss a lawsuit by the natural gas company EQT over a...more
The Federal Energy Regulatory Commission (FERC) recently issued a Notice of Inquiry seeking input on whether to adjust its policies and procedures for reviewing and issuing authorizations for natural gas transportation...more
• The Federal Energy Regulatory Commission has unanimously voted to open a new Notice of Inquiry seeking input on whether – and, if so, how – it should update its existing policies and procedures for reviewing and issuing...more
This is the third issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys will share insights on current and emerging issues affecting infrastructure project developers in the United States....more
Catholic nuns who oppose Pennsylvania natural gas pipe line on religious grounds are pursuing legal proceedings to avoid eminent domain. The nuns, who are part of the Adorers of the Blood of Christ leadership team, “have...more
While many key provisions of Act 13 have now been struck down by the Supreme Court’s two Robinson decisions, much of the Act remains. Act 13 of 2012 represented a major overhaul of Pennsylvania’s oil and gas law and...more
This summer, the U.S. Supreme Court will decide a critical question that will determine whether some landowners will receive compensation from regulations that restrict the uses of their land. The case, Murr v. Wisconsin, may...more
Therapist: “We’re here today in group to bring closure to the traumatic events of Crosstex North Texas Pipeline L.P. v. Gardiner. Each side claims mistreatment by his adversary and by one component or another of the civil...more
Environmental and Policy Focus: Clean Water Act rule faces challenges from both sides - Courthouse News Service - Aug 18: A widely publicized new rule clarifying the definition of ’waters of the United States’ under the...more
Any person or entity seeking to construct a natural gas pipeline and successful in obtaining a certificate of convenience and necessity from the Federal Energy Regulatory Commission may exercise the power of eminent domain to...more