Transco Pipeline Access Is Constitutional, 3rd Circ. Says
Law360 (October 31, 2018, 6:54 PM EDT) -- The Third Circuit has backed Transco’s immediate access to various Pennsylvania properties for its natural gas pipeline upgrade through five states, ruling in a precedential decision Tuesday that a lower court’s interpretation of federal natural gas law didn’t violate the separation of powers model established by the U.S. Constitution.
Transcontinental Gas Pipe Line Co. LLC had already done the legwork to establish its condemnation rights under the Natural Gas Act, a three-judge panel ruled, saying the seizure of Lancaster County parcels did not amount to a "quick take" Congress specifically reserved for the government. Therefore, the judicial branch’s grant of a preliminary...
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