Supreme Court Declines to Hear Suit on Eminent Domain for Gas Pipeline

Published on May 21, 2024

The U.S. Supreme Court turned down a request by six southwest Virginia landowners to hear their arguments that Congress unconstitutionally gave a federal agency the power to seize their land for a natural gas pipeline. The decision on May 20 to decline the case a second time leaves a question of jurisdiction unresolved. In Bohon v. the Federal Energy Regulatory Commission (FERC), landowners challenged the constitutional authority of FERC to issue land use certificates. The D.C. Circuit had dismissed the landowners’ challenge in 2020, stating that district courts lacked jurisdiction. The petitioners appealed but the original decision was upheld. The Supreme Court then reviewed and remanded the case back to the lower court in April 2023, but the D.C. Circuit upheld its previous decision that it didn’t have jurisdiction....

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