News & Analysis as of

Supreme Court of the United States › Pipelines › Natural Gas

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Gray Reed

Two Words = Six Million Dollars: SCOTX Reverses Trial Court That Added Words to a Gas Transportation Agreement

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In American Midstream (Alabama Intrastate), LLC v. Rainbow Energy Marketing Corporation, the Texas Supreme Court held that the trial court improperly inserted the words “scheduled” and “physical” into a contract. By...more

Goldberg Segalla

Supreme Court Agrees to Hear Challenges to the EPA “Good Neighbor Plan”

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The Environmental Protection Agency, under the Clean Air Act, requires states to work with the EPA to address the interstate transport of air pollution. Under the “Good Neighbor Plan,” the EPA requires each state to implement...more

Troutman Pepper Locke

Mountain Valley Pipeline To Resume Construction After Supreme Court Vacates Fourth Circuit’s Order Halting Construction

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On July 27, 2023, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fourth Circuit’s decision to grant the Wilderness Society’s motions to stay of construction on the Mountain Valley Pipeline (“MVP”) pending...more

Flaster Greenberg PC

The Supreme Courts Pipeline Decision Shows DC Still Has Adults In The Room

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On Wednesday, June 29, the United States Supreme Court handed down one of its most important decisions in years. In the case of PennEast Pipeline Company, LLC v. New Jersey, et al., by a narrow 5-4 margin, the Court affirmed...more

Opportune LLP

Court Rulings, Delays & Cancellations Underscore Challenges For Gas Pipeline Construction

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Find out what challenges the natural gas industry faces to construct new pipelines and how these challenges have impacted gas supplies, particularly in the Northeast....more

Troutman Pepper Locke

Supreme Court Rules that PennEast, Gas Pipelines May Condemn State-Owned Land

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On June 29, 2021, the Supreme Court of the United States ruled that a certificate of public convenience and necessity issued by FERC under section 7 of the Natural Gas Act (“NGA”) authorizes a private company to exercise...more

Ballard Spahr LLP

Supreme Court Rules that Private Parties May Condemn State-Owned Property

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On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA). The decision resolved an issue that could have blocked construction...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides PennEast Pipeline Co. v. New Jersey

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On June 29, 2021, the U.S. Supreme Court decided PennEast Pipeline Co. v. New Jersey, No. 19-1039, holding that the Federal Government had properly delegated to private companies federal authority to condemn necessary...more

Nossaman LLP

SCOTUS’ Take On Takings

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The Supreme Court of the United States rarely hears anything related to eminent domain or takings cases; the Kelodecision in 2005 was the latest “big” case for our industry, although the 2019 Knick decision also made...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

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The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT - U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the...more

Morgan Lewis - Power & Pipes

Supreme Court to Review Third Circuit’s ‘Disruptive’ NGA Decision on Pipeline’s Power to Acquire Right-of-Way over State Lands

Morgan Lewis - Power & Pipes on

The US Supreme Court granted certification on February 3 to review the US Court of Appeals for the Third Circuit’s decision in In re PennEast Pipeline Co. in order to resolve an important question: Does the Natural Gas Act...more

Foley Hoag LLP - Energy & Climate Counsel

Supreme Court to Decide Eminent Domain Case

Foley Hoag LLP - Energy & Climate Counsel on

The U.S. Supreme Court has agreed to review a case that will have far-reaching consequences for interstate pipeline projects. The case, PennEast Pipeline Co. v. New Jersey, involves a FERC-approved natural gas pipeline...more

Ballard Spahr LLP

Supreme Court Agrees to Hear Pipeline Condemnation Case

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On February 3, the U.S. Supreme Court granted certiorari in PennEast Pipeline Company, LLC v. New Jersey, a case that could determine whether private gas companies can condemn state-owned property. In this case, a unanimous...more

Miles & Stockbridge P.C.

Update: SCOTUS Allows Atlantic Coast Pipeline to Cross Appalachian Trail

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The Atlantic Coast Pipeline is a planned $8 billion, 600-mile natural gas pipeline from West Virginia to North Carolina. Petitioner Atlantic Coast Pipeline, LLC seeks to build the pipeline, which would traverse 21 miles of...more

Stoel Rives LLP

U.S. Supreme Court Holds that Natural Gas Pipeline May Cross Under Appalachian Trail

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On June 15, 2020, the U.S. Supreme Court held in United States Forest Service v. Cowpasture River Preservation Association that the U.S. Forest Service was authorized to issue a special use permit granting a 0.1-mile right of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - December 2019 #2

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Court Ruling Vindicates ExxonMobil in New York ‘Climate Change’ Fraud Case - “'The Office of the Attorney General failed to prove, by a preponderance of the evidence, that ExxonMobil made any material misstatements or...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2019 #2

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Supreme Court Showdown Set Over Pipeline Crossing of Appalachian Trail - "Led by Dominion and Duke Energy, the company contends that 'long-standing precedent' allows pipelines to cross the 2,000-mile national scenic...more

Hogan Lovells

Supreme Court to review important pipeline decision

Hogan Lovells on

On October 4, 2019, the Supreme Court granted review of a Fourth Circuit decision that rejected U.S. Forest Service authorization of a $7 billion natural gas pipeline. See Cowpasture River Pres. Assn v. Forest Service, 911...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2018 #4

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The U.S. Supreme Court Slows Children's Climate Lawsuit - For Now - "In the latest step of a fascinating bit of constitutional law called Atmospheric Trust Litigation, the Chief Justice halted the District Court trial...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018 #2

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As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018

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EPA Chief Looks to Distinguish Himself from Pruitt in Agency-Wide Memo - "The new head of the EPA sent a staff-wide memo laying out steps the agency is taking to increase transparency, a move that's seen as an effort to...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2018

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In Cities v. Fossil Fuels, Exxon's Allies Want the Accusers Investigated - "Now two industry-friendly groups are turning the tables and asking the SEC to investigate the cities and counties for possible fraud." Why this...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2018 #3

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An Interview with Bill Raney, President of West Virginia Coal Association - Nick Preservati, Co-Chair of Spilman's Energy Practice Group, recently sat down with Bill Raney, President of the West Virginia Coal Association...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2017#2

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- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

Moore & Van Allen PLLC

EIB Energy Highlights: SCOTUS on FERC, Nat Gas Record Year, Oil & Gas Exports, Winter Outlook, Cybersecurity & More

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Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

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