2 Circuits Clear Up NGA Questions For Pipeline Cos.

By Arthur Schmalz (January 2, 2019, 12:59 PM EST) -- Recently, the U.S. Courts of Appeals for the Eleventh and Sixth Circuits — in Transcontinental Gas Pipe Line Co. v. 6.04 Acres and Nexus Gas Transmission v. City of Green, respectively —  joined a growing chorus of other circuits holding that a Natural Gas Act, or NGA, condemnor can obtain immediate, pretrial possession of condemned land through a preliminary injunction, or PI, remedy so long as it demonstrates its substantive power of eminent domain as a Federal Energy Regulatory Commission certificate holder under NGA § 7(h).[1] The Sixth Circuit's ruling also rejected arguments that export-related aspects of a domestic pipeline project somehow negated a pipeline company's public interest showing for PI purposes. In addition, the two rulings address several commonly arising procedural issues in a manner favorable to pipeline companies seeking immediate possession in NGA condemnations....

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