Allegheny Defense Project v. Federal Energy Regulatory Commission

After the feds issue certificates allowing private companies to use eminent domain for pipeline construction, they also routinely grant petitions for rehearing for the sole purpose of “further consideration.” This means those petitions are not “final” enough for property owners to file an appeal but are still plenty “final” for the company to use eminent domain. D.C. Circuit: Our precedent says this is A-OK. Judge Millett, concurring: And that precedent has enabled a “Kafkaesque regime” that we should really put a stop to.

Tags: 2019, D.C. Circuit, Eminent Domain, FERC, Judge Millett, Property Rights

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