Supreme Court of the United States denies certiorari in Berkley, et al. v. FERC, et al


Roanoke, Va. (January 22, 2019) – Today, the Supreme Court of the United States denied certiorari in Berkley, et al. v. FERC, et al. While Landowners are disappointed that the Court did not take the case, it is important to remember two things: First, the denial of certiorari does not mean the Court necessarily agrees with the decision of the lower court. It simply means the Supreme Court will not address this particular issue at this particular time. Second, the Court receives thousands of petitions every year and it is therefore extremely rare for the Court to review any case.

While Gentry Locke had hoped for a different result, we respect the Court’s decision. Although the Landowners never had the chance to argue the underlying merits of their non-delegation and eminent domain arguments in court, we anticipate that these issues will be raised again one day by other Americans in similar situations, and we look forward to that day.

For more information, contact the counsel for Landowners: Mia Yugo at or Thomas J. Bondurant, Jr. at (540) 983-9389.

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