Third Circuit Affirms Use of Eminent Domain by Natural Gas Pipeline

Photo of long pipeline in wooded area

Under the Natural Gas Act (NGA), pipeline companies can exercise powers of eminent domain when they are acting in the public interest.

November 28, 2018
Anthony B. Cavender - Gravel2Gavel

On October 30, the U.S. Court of Appeals for the Third Circuit decided the case of Transcontinental Gas Pipe Line Co., LLC v. Permanent Easements for 2.14 Acres, et al. , affirming the District Court’s grant of a preliminary injunction to Transcontinental Gas Pipe Line Company, LLC (Transcontinental). This case involves the construction of the “Atlantic Sunrise Expansion Project,” a natural gas pipeline that runs through Pennsylvania, Maryland, Virginia, North Carolina and South Carolina.

Under the Natural Gas Act (NGA), pipeline companies can exercise powers of eminent domain when they are acting in the public interest. The Third Circuit cautions that this is a “standard” eminent domain power, and not a “quick take” that is permitted under another statute.

Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com



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