FERC

Here’s one that is taking a slightly different approach to challenging the taking of private property for privately-owned pipelines. Definitely a hot-button topic these days. 

In this federal court complaint, the plaintiff landowners challenge the approval by the Federal Energy Regulatory Commission of a private pipeline company’s exercise of eminent domain. The complaint seeks, among other things, a declaratory ruling that delegation of eminent domain power by Congress to FERC under the Natural Gas Act, and FERC’s further delegation of the power to pipeline companies, is unconstitutional.

You should read the whole thing, just to get a flavor. More on the filing here, from the Washington Post, and here from the local paper. 

Will this approach succeed? Your guess is as good as ours. 

Verified Complaint, Berkley v. Mountain Valley Pipeline, LLC, No. ____ (W.D. Val. filed July 26, 2017)