The U.S. Supreme Court denied an attempt by landowners to fight a lower court ruling that allowed the EQM Midstream Partners LP-led Mountain Valley Pipeline LLC to quickly exercise the eminent domain authority of a Natural Gas Act certificate to take land for its 2-Bcf/d natural gas pipeline project.
The case could have altered the pipeline industry's use of the legal power had it gone forward, but the high court listed the landowners' petition as denied in an Oct. 7 list of orders.
Consulting firm ClearView Energy Partners LLC had expected the court to deny the petition filed by Karolyn Givens and others. The case differed from other cases involving eminent domain because it challenged the timing of when a pipeline developer uses the authority to acquire land, rather than whether the developer has the authority under the Natural Gas Act in the first place, the firm said. The landowners argued broadly against federal appeals courts' grant of preliminary injunctions that let pipelines gain quick access to properties.
ClearView had observed that the case did not pose much risk to the Mountain Valley project because the pipeline had already gained access to the land it needed, but it could have posed problems for future pipeline projects.
Mountain Valley Pipeline welcomed the Supreme Court's decision. "We are pleased with the court's decision," spokesperson Natalie Cox said. "Previous rulings on this matter were prudent and well-founded on legal precedent. We look forward to completing this important project in order to meet public demand for affordable, clean-burning natural gas."
Mountain Valley Pipeline is a joint venture of EQM Midstream, NextEra Energy Inc., Consolidated Edison Inc., WGL Midstream Inc. and RGC Resources Inc. The 303-mile pipeline project, which runs from West Virginia to southern Virginia, has faced challenges from landowners and environmental groups.
In July, Givens and other parties moved to convince the Supreme Court to place limits on the use of eminent domain authority. Givens and her late husband had wanted to use their Virginia farm as a source of income as they approached retirement, according to a draft petition shared by their counsel. (U.S. Supreme Court docket 19-54)
In January, the high court refused to hear a landowner challenge to FERC's grant of eminent domain authority under the Natural Gas Act. The court's decision allowed the commission's approval of the Mountain Valley project to stand. (U.S. Supreme Court docket 18-561)
In a case involving another pipeline project, the Supreme Court declined in February to hear an appeal brought by a group of Roman Catholic nuns over land condemned to allow the construction of Transcontinental Gas Pipe Line Co. LLC's 1.7-Bcf/d Atlantic Sunrise gas pipeline project. (U.S. Supreme Court docket 18-548)
