Cletus Bohon, et al v. FERC, et al
Case Number:
20-5203
Court:
Nature of Suit:
Government Agencies
-
May 17, 2024
Industry Emboldened After Justices Galvanize Agency Attacks
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
DC Circ. Again Nixes Challenge To FERC Pipeline Powers
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
FERC, Landowners Duel Over Pipeline Suit's Future
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
DC Circ. Rejects Bid To Freeze Mountain Valley Pipeline
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
Va. Homeowners Too Late To Stop Pipeline, Developer Says
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
No Need To Block Pipeline Construction, FERC Tells DC Circ.
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
FERC Prods DC Circ. To Affirm Vacated Call In Pipeline Suit
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
Group Asks Justices To End 'Musical Chairs' In Pipeline Case
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
DC Circ. Nixes Challenge To FERC Pipeline Powers
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
FERC Powers Challenge Belongs In Court, DC Circ. Told
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.