Abstract
A very interesting combination of court decisions came out in June, regarding natural gas infrastructure, its justification and the rights of its developers. One court decision would make it more difficult to prove the need for a natural gas pipeline. The other decision would make it easier for a pipeline with a Federal Energy Regulatory Commission (FERC) certificate to condemn rights‐of‐way, even across state land when the state does not support the build‐out of natural gas pipelines. In other words, one decision is restrictive for new pipeline infrastructure, while the other decision is supportive. The dueling decisions impact two significant issues regarding the authorization of new natural gas infrastructure development; (1) whether firm contracts are sufficient to prove supply need, and (2) how broad the right of eminent domain conferred by a FERC certificate can be.
Published Version
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