United States Fourth Circuit

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Berkley v. Mountain Valley Pipeline, LLC, 18-1042

Affirmed that the district court lacked subject-matter jurisdiction over a constitutional challenge to the Natural Gas Act. Landowners along the path of a proposed natural gas pipeline brought this action disputing the constitutionality of various provisions of the Natural Gas Act. Agreeing with the district court, the Fourth Circuit held that the suit must be dismissed for lack of subject-matter jurisdiction on the grounds that the landowners ought to have brought their claims through the agency review process laid out in the Natural Gas Act.

Appellate Information

  • Decided
  • Published 2018/07/25


  • Wynn


  • United States Fourth Circuit