Mountain Valley Pipeline Taking Upheld; Coal Harm Irrelevant

March 13, 2019, 3:57 PM

Western Pocahontas Properties LP failed to overturn the taking of its surface rights to facilitate the construction of a 300-mile natural gas pipeline that will run from West Virginia to Virginia.

Mountain Valley Pipeline LLC may invoke its eminent domain powers to create and immediately access easements for the pipeline, the U.S. Court of Appeals for the Fourth Circuit said March 13.

The trial court didn’t have to consider evidence that the pipeline could potentially damage coal on Western Pocahontas’s property, the appeals court said.

It could pursue coal damage claims in a separate action, but Mountain Valley isn’t required ...

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