Landowners file suit to block Mountain Valley Pipeline project

Some landowners in West Virginia and Virginia are trying to head off approval by the Federal Energy Regulatory Commission (FERC) of the Mountain Valley Pipeline by launching a lawsuit in the U.S. District Court for the Western District of Virginia, reports the Gazette-Mail in Charleston, West Virginia. The newspaper says the plaintiffs in Berkley v. Mountain Valley Pipeline LLC seek to block FERC from issuing a certificate approving the pipeline project and giving its developers the ability to use eminent domain to condemn property for its construction. The complaint argues that such an approval by FERC would violate the Fifth Amendment of the U.S. Constitution, which states that private property can not be taken “for public use, without just compensation.”

Oil & Gas Litigation, West Virginia