May 17, 2024
In the year since the U.S. Supreme Court said "extraordinary" and "far-reaching" attacks on administrative enforcers can skip agency tribunals and go straight to federal district court, ambitious challenges to regulatory powers are rapidly gaining traction, and the high court is poised to put them on an even firmer footing.
February 13, 2024
The D.C. Circuit has reinstated its prior judgment affirming a lower court's dismissal of Virginia landowners' constitutional challenge to the Federal Energy Regulatory Commission's approval of the Mountain Valley Pipeline, nearly a year after the U.S. Supreme Court remanded the case.
November 14, 2023
The U.S. Federal Energy Regulatory Commission said Monday that a federal spending law enacted in June moots a constitutional challenge to the controversial Mountain Valley Pipeline, but landowners told the D.C. Circuit that an act of Congress can't negate an unconstitutional seizure of their property.
October 25, 2023
The D.C. Circuit has rejected Virginia homeowners' bid for an emergency pause to construction on the controversial Mountain Valley Pipeline while a dispute over the constitutionality of land seizure for the project plays out in court.
October 23, 2023
A group of Virginia homeowners' bid to halt the construction of a 300-mile pipeline is an "extraordinary, thirteenth hour" request, the company overseeing the project recently told the D.C. Circuit, considering it will be completed in the coming months.
October 20, 2023
Federal energy regulators on Friday urged a D.C. Circuit panel to reject Virginia homeowners' calls to block construction of the Mountain Valley Pipeline while the court considers whether their land was unconstitutionally seized to build the controversial gas project.
August 08, 2023
The Federal Energy Regulatory Commission is urging the D.C. Circuit to again affirm the dismissal of a constitutional challenge from landowners regarding the commission's delegation of eminent-domain authority to private companies for the $6 billion Mountain Valley gas pipeline.
September 20, 2022
A group of landowners are asking the U.S. Supreme Court to order a trial court to take up their challenge to a private company's use of eminent domain on the $6 billion Mountain Valley Pipeline project in Virginia and West Virginia.
June 21, 2022
The D.C. Circuit on Tuesday affirmed the dismissal of landowners' constitutional challenge to the Federal Energy Regulatory Commission's approval of the $6 billion Mountain Valley Pipeline project, saying the case attempted an end run around the agency's Natural Gas Act authority.
December 15, 2021
A D.C. Circuit panel on Wednesday questioned whether federal district court was the proper venue for a group of landowners challenging a $6 billion natural gas pipeline project in West Virginia and Virginia, noting that a victory for the group might be equivalent to tossing aside federal regulators' approval for the pipeline.