Landowners who find themselves in the path of an oil or gas pipeline quickly learn that their rights are limited, and that a pipeline company granted a Federal Energy Regulatory Commission (FERC) Certificate of Public Convenience and Necessity hold most of the cards.  Thus, the recent decision in Alliance Pipeline, L.P. v. 4,360 Acres of Land, No. 13-1003 (8^th Cir. Mar. 24, 2014), which in a mere 10 pages washed aside the landowners challenges Alliance Pipeline’s condemnation action, comes as no surprise.    Read More »

Share | Email| Comments|  Topics: Condemnation, Drilling, Eighth Circuit, Federal Energy Regulatory Commission, Federal Procedure, Natural Gas Act, Oil and Gas, Preemption, Real Estate, Takings

As a result of increasing development of natural gas drilling, pipelines are popping up everywhere.  And with them has come a mound of litigation.  In a February 5, 2013 decision, the United States District Court for the Middle District of Pennsylvania has ruled, as a matter of first impression, that permits issued by a state agency (in this case, the Pennsylvania Department of Environmental Protection (“PADEP”)) under the federal Clean Water Act (the “CWA”) may be challenged only in federal court, and not in a state adjudicatory proceeding. Read More »

Share | Email| Comments|  Topics: Cases to Watch, Clean Water Act, Drilling, Due Process, Federal Energy Regulatory Commission, Federal Procedure, Marcellus Shale, Natural Gas Act, Oil and Gas, Pennsylvania, Pennsylvania Department of Environmental Protection, Permits, Procedure