Niskanen litigates to protect landowners from abuse by oil and gas pipeline companies that seek to seize land for their for-profit projects is active in cases across the country.
Current Cases
Atlantic Coast Pipeline Cases
Atlantic Coast Pipeline (ACP v. FERC)
Niskanen represents landowners challenging FERC’s Certificate Decision based on Due Process failure to provide adequate notice about intervention procedure.
Supplemental Brief of Intervenors
Final Reply Brief of Intervenors
Atlantic Coast Pipeline (Niskanen Center v. FERC)
Lawsuit against FERC for failure to respond to FOIA request for landowner lists that ACP submitted to FERC.
Plaintiffs’ Motion for Summary Judgment
Plaintiffs’ Summary Judgment and Reply Brief
Plaintiffs’ Summary Judgment and Reply Brief – Exhibit 1
Jordan Cove Cases
Jordan Cove LNG/Pacific Connector Pipeline
24 landowners in FERC proceedings against Canadian pipeline seeking to take their land to export gas overseas.
Jordan Cove LNG/Pacific Connector Pipeline (Evans v. FERC)
We represent landowners suing FERC over failure to respond to FOIA request for landowner lists that Jordan Cove submitted to FERC.
Plaintiffs’ Motion for Summary Judgment
Plaintiffs’ Summary Judgment and Reply Brief
PennEast Pipeline Cases
PennEast Pipeline (Delaware Riverkeeper v. FERC)
Amicus brief in support of petitioners arguing that allowing eminent domain based on conditioned certificates violates Takings Clause.
PennEast Pipeline (In re: PennEast Pipeline Co. LLC)
Amicus brief in support of appellants and reversal, regarding whether the 11th Amendment allows pipeline companies to file condemnation actions in federal court against state property.
Additional Pipeline Cases in Progress
Potomac Pipeline (Columbia Gas Transmission v. .012 Acres)
An amicus brief regarding whether the 11th Amendment allows pipeline companies to file condemnation actions in federal court against state property.
Permian Highway Pipeline
We will file suit on behalf of landowners challenging Permian Highway’s classification as an ‘intrastate’ pipeline, arguing it is subject to FERC’s federal jurisdiction and scrutiny.
Past Cases
Mountain Valley Pipeline (Appalachian Voices v. FERC)