Time to Overturn Precedent on FERC Orders, Landowners Tell Court

Jan. 13, 2020, 6:12 PM UTC

Federal judges should seize an opportunity to reverse a “fundamentally flawed” precedent that keeps pipeline opponents out of court until it’s too late to halt a project, lawyers for landowners and environmentalists said in new court filings.

“The United States Constitution and federal common law guarantee property owners a meaningful opportunity to be heard in opposition to a faulty public use determination before their property can be permanently taken,” the Jan. 10 brief says, referring to a stretch of the Atlantic Sunrise natural gas pipeline in Pennsylvania.

The filing is the opening salvo ...

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