D.C. Circuit Dismisses Eminent Domain Lawsuit Against MVP & FERC
Yesterday, the U.S. Court of Appeals for the District of Columbia (D.C. Circuit) delivered a HUGELY important decision. In April 2023, the U.S. Supreme Court breathed new life into a long-running lawsuit funded by Big Green groups using (abusing) a small group of uppity Virginia landowners who argue the Federal Energy Regulatory Commission (FERC) had no right to delegate authority to Mountain Valley Pipeline (MVP) to use eminent domain to cross land, including the land owned by the small group of uppity landowners in Virginia. The aim of the lawsuit is to prevent any private company from using eminent domain ever again to build public infrastructure — a true disaster of national importance. The D.C. Circuit said in an opinion yesterday that it lacks jurisdiction to rule on the matter, meaning it’s “case closed,” and MVP can finish up the final little bits (it’s about 99% done now).
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