Landowners consider options after temporary setback in Mountain Valley Pipeline challenge
On July 25, 2018 the Fourth Circuit Court of Appeals issued its decision in Berkley, et al. v. Mountain Valley Pipeline, LLC, et al, and found that landowners cannot challenge the constitutionality of the Natural Gas Act in federal district court. Instead, landowners must present such constitutional claims first to the Federal Energy Regulatory Commission (FERC), the same body that landowners challenge cannot lawfully act under the Natural Gas Act. FERC consistently states that it does not and cannot decide such issues. Once FERC issues its decision, including findings that it cannot even consider challenges to the Natural Gas Act, […]





