Thursday, July 27th, 2017
FOR IMMEDIATE RELEASE: July 27, 2017
Contact: Justin M. Lugar, 540.983.9324, jlugar@gentrylocke.com
Lawsuit filed against Federal Energy Regulatory Commission and Mountain Valley Pipeline on behalf of landowners
Constitutionality of FERC eminent domain procedures challenged
ROANOKE, Va. (July 27, 2017) – Today attorneys of the Virginia law firm Gentry Locke filed a Complaint in the United States District Court for the Western District of Virginia, Roanoke Division, challenging the constitutionality of actions by the Federal Energy Regulatory Commission (“FERC”) and Mountain Valley Pipeline (“MVP”). A Motion for a Preliminary Injunction has been filed along with the Complaint. The Motion seeks assistance from the Court in preventing FERC from granting MVP the power of eminent domain, and seeks to prevent MVP from attempting to exercise any power of eminent domain in its quest to build a 303-mile-long, 42-inch natural gas pipeline that will traverse across Virginia and West Virginia.
According to lead attorney Justin M. Lugar, “Today marks an important day not only for landowners in the path of the Mountain Valley Pipeline but for all Americans, for every citizen in Virginia, West Virginia, and across the United States that values our constitutional right to be secure in our property.”
Lugar added, “The landowners named as Plaintiffs in this case represent just a small sample of the citizens affected by the pipeline: from those living within the blast zone or the watershed, to those interested community members that have devoted time, energy, and their resources to challenge the actions of the Federal Energy Regulatory Commission and Mountain Valley Pipeline. It’s not a political issue of the “left” or “right” but rather a pure issue of constitutional law and individual property rights. The issue of how and when a private entity may invoke eminent domain is one that should concern all Americans, including current and prospective landowners.”
The Complaint, which was filed on behalf of landowners (“Plaintiffs”), represents the coordination of people from all walks of life joined together to challenge the constitutionality of FERC’s and MVP’s efforts to invoke eminent domain on behalf of a private company. The Plaintiffs are seeking declaratory and injunctive relief as follows:
- To obtain a declaration that FERC’s standards for issuing a Certificate of Convenience and Public Necessity fall short of the requirements of the 5th Amendment to the Constitution and the standard set forth by the Supreme Court of the United States in Kelo v. City of New London, 545 U.S. 469 (2005);
- To obtain a declaration that Congress’s delegation to FERC of the power of eminent domain under the Natural Gas Act (15 U.S.C § 717f(h)) is unconstitutional because it is overly broad;
- To obtain a declaration that FERC’s sub-delegation of the power of eminent domain to private actors such as MVP is unconstitutional; and
- To obtain a declaration that MVP has already violated the Virginia Plaintiffs’ federal and state constitutional rights by taking tangible and intangible property from landowners while performing surveying activities under Virginia Code § 56-49.01.
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With more than 55 lawyers practicing across a range of disciplines, Gentry Locke brings uncommon thinking and deep expertise to the legal and business challenges of companies, institutions, organizations, and individuals—a commitment we’ve met since 1923. Operating from offices in Roanoke and Lynchburg, Va., Gentry Locke serves clients in Virginia and across the U.S., as well as worldwide as a member firm of the ALFA International Legal Network. Meet our dynamic attorneys and learn more about our fierce drive to achieve success for our clients at https://www.gentrylocke.com.
Thursday, July 13th, 2017
ROANOKE, Va. – Mia R. Yugo has joined the Virginia law firm of Gentry Locke as an associate in the Roanoke office, where she will work with the Criminal & Government Investigations Group on white-collar criminal defense matters in federal courts.
Mia joins the firm after serving as a law clerk for a general practice firm in Clearwater, Florida, handling both criminal and civil matters; working extensively on qui tam whistleblowing issues focusing on taxpayer fraud and false claims; and serving as a legal intern for Liberty University’s Office of Legal Affairs.
Mia graduated from University of Toronto, Trinity College, where she received her Hon. B.A., with high distinction. She graduated from the Liberty University School of Law with a J.D. cum laude. During law school, Yugo was editor-in-chief of the Legal Journal and was the articles and book reviews editor on Law Review.
Mia is licensed to practice law in New York, is a member of the New York State Bar Association Young Lawyers Section, and is a member of the National Association of Criminal Defense Lawyers (NACDL).
Outside of work, Mia coaches teams preparing to compete in the ABA Regional Negotiations Tournament and National Basketball Negotiation Competition. She has won awards for her work, and was named champion of the NBA National Basketball Negotiation Competition of the Fordham Sports Law Forum, and was a finalist in the ABA Regional Negotiation Competition and World Negotiation Competition representing Team USA. She is also an award-winning playwright who speaks several languages and is passionate about opera, theatre, and tennis.
About Gentry Locke
With more than 55 lawyers practicing in a range of disciplines, Gentry Locke brings uncommon thinking and deep experience to the legal and business challenges of companies, institutions, organizations and individuals—a commitment the firm has met since 1923. Operating from offices in Roanoke and Lynchburg, Va., Gentry Locke serves clients in Virginia and across the U.S., as well as worldwide as a member firm of the ALFA International Legal Network. Meet the firm’s dynamic attorneys and learn more about its fierce drive to achieve success for its clients by exploring this website.
Wednesday, July 12th, 2017
ROANOKE, Va. (July 12, 2017) – Justice Cynthia D. Kinser, the first woman chief justice of the Supreme Court of Virginia and senior counsel at the Virginia law firm of Gentry Locke, was honored by having her portrait hung at the Supreme Court of Virginia on June 9. Kinser spent 17 years on the Supreme Court of Virginia, with more than three of those years as chief justice. She retired from the bench in 2014. In 2015, she joined Gentry Locke as senior counsel, where she focuses on appeals, criminal matters and government investigations.
Photo credit: Marilyn Shaw/The Virginia Bar Association
“An accomplished legal scholar, Justice Cynthia Kinser is a pioneer in her field and one of the most consequential women in Virginia history,” said Gentry Locke Managing Partner Monica Taylor Monday, who spoke at the portrait reception. “She is the only woman to serve as Chief Justice of the Supreme Court of Virginia, and the only woman to lead one of the three branches of Virginia’s government. And, she is one of small group of women who have held high office in Virginia. She is an inspiration to women and attorneys in Virginia and nationwide.”
The portrait hangs below that of the late Chief Justice Hassell and close to the justices’ bench. Such portraits are the result of an effort by The Virginia Bar Association, which established a portraits committee in 1928. Altogether, the court’s collection includes 91 portraits of justices.
Before her service on the Supreme Court of Virginia, Kinser worked in private practice in southwest Virginia, served a term as the Commonwealth’s Attorney of Lee County, as United States Bankruptcy Trustee and United States Magistrate Judge for the Western District of Virginia.
Justice Kinser is the recipient of several honors over the course of her career, including The Thomas Jefferson Foundation Medal in Law; The VBA Gerald L. Baililes Distinguished Service Award; and the Harry L. Carrico Outstanding Career Service Award.
About Gentry Locke
With more than 55 lawyers practicing in a range of disciplines, Gentry Locke brings uncommon thinking and deep experience to the legal and business challenges of companies, institutions, organizations and individuals—a commitment the firm has met since 1923. Operating from offices in Roanoke and Lynchburg, Va., Gentry Locke serves clients in Virginia and across the U.S., as well as worldwide as a member firm of the ALFA International Legal Network. Meet the firm’s dynamic attorneys and learn more about its fierce drive to achieve success for its clients by exploring this website.
Thursday, July 6th, 2017
July 7, 2017 (Roanoke, Va.) – Gentry Locke was pleased to appear in a recent Roanoke Times article regarding our role in helping to ensure that Blue Ridge Legal Services can fully fund a second attorney to serve the needs of our community.
Gentry Locke’s donation will be paired with an equal donation from one other large law firm to total $15,000, along with expected generosity from the 100 local firms that were contacted to aid in this endeavor.
Monica Monday, our Managing Partner, was quoted in the article as saying “Blue Ridge did not ask us to do this, we were concerned about it.”
Blue Ridge Legal Services, which provides affordable and pro bono legal services to residents of the Roanoke Valley, saw a reduction in funding from important sources such as the United Way of Roanoke Valley. It is hoped that the remaining $14,000 needed to fund the position will be achieved by July 28, 2017.
Wednesday, July 5th, 2017
On June 15, 2017, Brown Edwards held its annual seminar for private colleges and not-for-profit organizations. Gentry Locke partner Todd Leeson was invited to speak in a presentation entitled: “Employment and Student Conduct Legal Issues College Administrators Should Know.” Todd educated college administrators on issues including sexual misconduct under Title IX, union organizing, rights of LGBTQ persons, violence on campus, and upcoming priorities for the Office of Civil Rights (OCR) and the EEOC in the Trump Administration.
Friday, June 23rd, 2017
ROANOKE, Va. (June 12, 2017) – Gentry Locke celebrated the accomplishments of highly esteemed partner J. Rudy Austin for his 50th anniversary at the firm at an event on June 12.
“We are proud of Rudy’s contributions to Gentry Locke, his generous role as mentor and partner, and of the honorable way that he has practiced law for 50 years,” said Monica Taylor Monday, managing partner of the firm. “Rudy exemplifies what is best in Virginia lawyers. He is wise, is courteous to everyone with whom he deals, maintains the highest standards of professionalism and ethics, and is fiercely committed to his clients. With more than 50 years in practice, Rudy is also a virtual encyclopedia of legal knowledge, and has devoted thousands of hours to mentoring young lawyers at Gentry Locke.”
Other partners were equally effusive in their acknowledgement of what Rudy has meant to Gentry Locke. David Paxton wrote, “Rudy has been the soul of Gentry Locke and has been instrumental in forming our core values.” Anthony Russell notes that “Rudy has been the rock of the law with his little black book of statutes, regulations, and case law at his fingertips. He has an infectious love of the law that he is happy to share with anyone.”
Rudy joins partners S.D. Roberts Moore and William R. Rakes, who have also practiced at the firm for more than 50 years. 
Rudy, a Fellow of the American College of Trial Lawyers, The American Bar Foundation and the Virginia Law Foundation, focuses his practice in the areas of insurance defense, insurance coverage, workers’ compensation, construction and legal ethics. He is a recipient of the 2007 Virginia Association of Defense Attorneys’ Award for Excellence in Civil Litigation, its highest honor. He is consistently included among the Best Lawyers in America for Personal Injury Litigation – Defendants. Rudy is also one of a select group of lawyers recognized by Chambers USA for Virginia Litigation: General Commercial; is noted as a Litigation Star in General Commercial and Insurance Litigation by Benchmark Litigation; and is regularly included as a Virginia Super Lawyer in Civil Litigation and Defense.
Rudy earned his B.A. cum laude, Phi Beta Kappa, and his LL.B. from the University of Virginia.
About Gentry Locke
With more than 55 lawyers practicing across a range of disciplines, Gentry Locke brings uncommon thinking and deep experience to the legal and business challenges of companies, institutions, organizations and individuals—a commitment the firm has met since 1923. Operating from offices in Roanoke and Lynchburg, Va., Gentry Locke serves clients in Virginia and across the U.S., as well as worldwide as a member firm of the ALFA International Legal Network. Meet the firm’s dynamic attorneys and learn more about its fierce drive to achieve success for its clients by exploring this website.
Monday, June 19th, 2017
ROANOKE, Va. (June 19, 2017) – Gentry Locke is very pleased to announce that partner Kevin Walker Holt has assumed the role of president of the Roanoke Bar Association (RBA).
Kevin follows a distinguished line of Gentry Locke attorneys who have served as RBA President, including J. Rudy Austin, K. Brett Marston, William R. Rakes and Charles L. Williams. Former partners Wilburn Dibling, Fred Gentry, John Locke, Mike Pace, and Roy Rush also served in this capacity. In addition, Gentry Locke partner Christen C. Church currently serves on the organization’s board of directors.
Kevin focuses his practice on commercial, employment, ERISA and intellectual property litigation. He represents companies and individuals in business and contract disputes, including complex financial and real estate matters. Holt represents employers, insurance carriers and plan fiduciaries in defending ERISA claims involving life, health, accident and disability benefits. He also represents clients with cases involving intellectual property rights. His practice is primarily focused in Federal Court. Kevin was named to 2016 Best Lawyers in America in Commercial Litigation.
Kevin joined Gentry Locke in 1998 after earning his B.A. and J.D. from the University of Virginia.
The RBA was established to provide a forum for the promotion of professional excellence among members of the bar in the Roanoke area and to foster the development of community relationships between citizens and the membership. Its ongoing mission is to provide innovative and educational opportunities for members and to expand public awareness through the creation of long-term, professional relationships based upon integrity, fairness and respect.
About Gentry Locke
With more than 55 lawyers practicing across a range of disciplines, Gentry Locke brings uncommon thinking and deep experience to the legal and business challenges of companies, institutions, organizations and individuals—a commitment the firm has met since 1923. Operating from offices in Roanoke and Lynchburg, Va., Gentry Locke serves clients in Virginia and across the U.S., as well as worldwide as a member firm of the ALFA International Legal Network. Meet the firm’s dynamic attorneys and learn more about its fierce drive to achieve success for its clients by exploring this website.
Wednesday, June 7th, 2017
ROANOKE, Va. (June 7, 2017) – Gentry Locke has been recognized as a leading Virginia law firm for commercial litigation by Chambers USA 2017: America’s Leading Lawyers for Business, a prestigious annual ranking of law firms and attorneys. Additionally, Chambers USA recognized Managing Partner Monica Monday as a “Leading Individual,” with an “outstanding reputation,” for her appellate work.
In the law firm ranking, Chambers USA praised the firm’s “renowned expertise in civil dispute resolution and personal injury plaintiff cases” and its work in “white-collar criminal and government investigations, and appellate, medical and insurance matters.”
This was Monday’s first year of recognition by Chambers USA for her appellate experience. In addition to her role as Managing Partner, Monday chairs the firm’s Appellate practice. She was most recently ranked in the 2017 Virginia Super Lawyers “Top 50 Women” list and in the “Top 100” list for the Commonwealth.
A link to the Chambers USA guide can be found here.
About Chambers USA
Chambers USA annually ranks leading law firms and lawyers in a wide range of practice areas across the nation. The rankings and accompanying editorial commentary are based on in-depth, client-focused research. Chambers’ findings are used widely for referral purposes. Additional information on Chambers can be found here.
About Gentry Locke
With more than 55 lawyers practicing across a range of disciplines, Gentry Locke brings uncommon thinking and deep experience to the legal and business challenges of companies, institutions, organizations and individuals—a commitment the firm has met since 1923. Operating from offices in Roanoke and Lynchburg, Va., Gentry Locke serves clients in Virginia and across the U.S., as well as worldwide as a member firm of the ALFA International Legal Network. Meet the firm’s dynamic attorneys and learn more about its fierce drive to achieve success for its clients by exploring this website.
Friday, May 26th, 2017
May 25, 2017 – Gentry Locke was pleased to be a Ruby and Red Carpet Sponsor for the 2017 American Heart Association “Go Red for Women” luncheon, which was held at The Hotel Roanoke & Conference Center.
Gentry Locke’s Managing Partner Monica Monday co-chaired the event and conveyed a moving, personal connection to heart disease in her speech to attendees.
In addition to learning about heart attacks and eating heart-healthy, delicious food, a fashion show featured models who are health care workers serving on the front lines of traumatic heart issues.
Shown are some of images of this very red, very fun and meaningful fundraising event.
Friday, May 19th, 2017
ROANOKE, Va. (May 19, 2017) – Gentry Locke is pleased to announce it has been named Best Law Firm in Southwest Virginia by Virginia Living in the 2017 Best of Virginia issue, published on May 18. This year marks the first time the firm has been named to the list.
Virginia Living’s sixth annual Best of Virginia issue is a guide of all that is ‘best’ in Virginia. More than 1,500 winners from the annual Best of Virginia Readers’ Survey are featured in 106 categories covering the best in arts, culture & entertainment, living & recreation, shopping, services and food & drink across the Commonwealth.
About Gentry Locke
With more than 55 lawyers practicing across a range of disciplines, Gentry Locke brings uncommon thinking and deep expertise to the legal and business challenges of companies, institutions, organizations, and individuals—a commitment we’ve met since 1923. Operating from offices in Roanoke and Lynchburg, Va., Gentry Locke serves clients in Virginia and across the U.S., as well as worldwide as a member firm of the ALFA International Legal Network. Meet our dynamic attorneys and learn more about our fierce drive to achieve success for our clients by exploring this website.
About Virginia Living
Virginia Living celebrates all things Virginia—from its people and places to its deep history and traditions. The highest quality, most widely read lifestyle magazine in the state, Virginia Living’s combination of smart, engaging stories and stunning photography and art make it a must-read. To learn more about Virginia Living, visit VirginiaLiving.com
