A Law Suit Worth Watching


A December 3, 2017 article in NJ.com reports on a suit filed in November 2017 against FERC that could have national implications.

12-3-17 NJ.com. N.J. environmentalists use new legal strategy to fight pipelines. “Garden State environmental advocates think they’ve found a way to stop pipeline companies from acquiring the land they need in the first place, and a pipeline project in New Jersey may serve as the legal battleground. The New Jersey Conservation Foundation has sued the Federal Energy Regulatory Commission on the grounds that the agency’s use of eminent domain to take over land for the construction of interstate natural gas pipelines is often unconstitutional.  …. The lawsuit, filed in federal court in November, cites the Fifth Amendment requirement that any eminent domain action be made for ‘public use.’ Environmentalists claim that FERC has consistently failed to prove that pipeline projects are necessary, and thus, the eminent domain land seizures further private profits rather than the public good. ‘We’ve taken this action because it’s become abundantly clear that the way that [FERC] is approaching their review of proposed pipelines really is at odds with the Fifth Amendment of the Constitution,’ said Tom Gilbert, a campaign director for the New Jersey Conservation Foundation.”