United States Third Circuit

In this eminent domain action, plaintiff Columbia Gas Transmission seeks possession of easements over the land of objecting landowners outside of the existing right-of-way so that it can replace its gas pipeline. Orders of the District Court granting the Landowners' motions for summary judgment and denying plaintiff Gas Company's motions for partial summary judgment and for injunctive relief is reversed and remanded, where: 1) the regulatory authority given to natural gas companies anticipates replacement outside the existing right-of-way and contains no adjacency requirement; and 2) the relevant Federal Energy Regulatory Commission regulation, 18 C.F.R. section 157.202(b)(2)(i) unambiguously gives plaintiff the right of eminent domain required to condemn the easements at issue.

Appellate Information

• Decided 09/26/2014
• Published 09/26/2014

Judges

• Rendell

Court

• United States Third Circuit

Counsel