Natural Gas Pipeline

Pennsylvania Cases

• PA Independent Oil & Gas Association v. PA Department of Environmental Protection (Commonwealth Court of Pennsylvania, docket no. 321 M.D. 2015)
  • Opinion by Judge Brobson (September 1, 2016) (concluding that PA DEP can require oil and gas drillers to analyze the environmental and public effects of proposed wells)

• In Re: Condemnation by Sunoco Pipeline, L.P. of Permanent and Temporary Rights of Way for the Transportation of Ethane, Propane, Liquid Petroleum Gas, and other Petroleum Products in the Township of North Middleton, Cumberland County, PA, over the Lands of Martin, Fitzgerald, and Nickey (Commonwealth Court of Pennsylvania, docket no. 1979 C.D. 2015, 1980 C.D. 2015, 1981 C.D. 2015)
  • Opinion by Judge Cohn Jubelirer (July 14, 2016) (affirming trial court decision authorizing Sunoco Pipeline L.P. to take parts of Plaintiffs’ lands through eminent domain)

• UGI Sunbury, LLC v. 4944 Acres (U.S. District Court for the Middle District of Pennsylvania, docket no. 3:16-cv-00783)
  • Memorandum (June 14, 2016) (allowing UGI Sunbury, LLC, to take the land due to FERC’s blanket certificate of public convenience and necessity)

• WM Capital Partners XXXIX, LLC v. Bluestone Pipeline Company of Pennsylvania, LLC (U.S. District Court for the Middle District Court of Pennsylvania, docket no. 3:15-cv-00695)
  • Order granting Defendant’s Motion to Dismiss Plaintiff’s Amended Complaint (May 9, 2016) (holding that the Bluestone Pipeline Company had superior title to the property where it built a natural gas compressor station, pipelines and related facilities)

• In Re: Condemnation by the Commonwealth of Pennsylvania DOT, of Right-of-Way for State Route 1032, Section B02, in the Borough of Rochester v. PA DOT (Commonwealth Court of Pennsylvania, docket no. 1358 C.D. 2015)
  • Opinion (May 5, 2016) (denying request to reopen an eminent domain case in which the PA DOT obtained a temporary construction easement over its property)

• In Re: Condemnation of Temporary Construction Easement Across Lands of Curtis R. Lauchle and Terri L. Lauchle
  • Court of Common Pleas of Lycoming County, Pennsylvania, docket no. 14-2219, 14-02-219, 14-01-791
    • Opinion and Order (November 7, 2014) (authorizing a natural gas public utility to use its eminent domain power in condemning easements for the construction and maintenance of a pipeline to supply gas to a private power plant)
  • Commonwealth Court of Pennsylvania, docket no. 2215 C.D. 2014
    • Memorandum Opinion (January 5, 2016) (affirming a trial court decision that authorized a natural gas utility to use its eminent domain power in condemning easements for the construction and maintenance of a pipeline to supply gas to a private power plant)

• Transcon. Gas Pipeline Co. v. Temporary Easements for 0.13 Acres & Easement within the Existing Right-of-Way for 0.18 Acres in Tobyhanna Twp. (U.S. District Court for the Middle District of Pennsylvania, docket no. 3:15-cv-00151)
  • Order (October 6, 2015)
  • Memorandum Opinion (October 6, 2015) (holding that Transco was entitled to condemn rights of way under the Natural Gas Act in order to expand its existing pipeline capacity)

• Stark v. Equitable Gas Co., LLC (Commonwealth Court of Pennsylvania, docket no. 97 C.D. 2014)
  • Opinion (May 14, 2015) (finding that Equitable Gas Company’s placement of a pipeline on property constituted a de facto taking)

• Columbia Gas Transmission, LLC v. 10.5068 Acres, More or Less in York County (U.S. District Court for the Middle District of Pennsylvania, docket no. 1:15-cv-0360)
  • Memorandum (March 31, 2015)
  • Order (June 19, 2015) (granting authority for Columbia to exercise its right of eminent domain to obtain certain permanent and temporary easements on property owned by Marburg Memorial Gardens)

• Columbia Gas Transmission, LLC v. 1.01 Acres, More or Less in Penn Township, York County
  • U.S. District Court for the Middle District of Pennsylvania, docket no. 4:13-cv-00778, 4:13-cv-00783, 4:13-cv-00785, 4:13-cv-00786
    • Order (May 20, 2014)
  • U.S. Court of Appeals for the Third Circuit, docket no. 13-4458, 13-4459, 13-4460, 13-4461
    • Opinion (September 26, 2014) (granting Columbia Gas Transmission, LLC, the right of eminent domain to obtain an easement outside of their currently existing right-of-way in order to put in a new pipeline as a replacement for the old pipeline)

• Williams Field Services Co., LLC v. Cleo R. Teel et al.(Superior Court of Pennsylvania, docket no. 1475 MDA 2013)
  • Appeal from the Judgment entered Aug. 8, 2013, in the Court of Common Pleas of Susquehanna County Court (August 25, 2014) (overruling a trial court decision that granted a compulsory nonsuit and drop claims by the pipeline company against defendants Teel for refusing to consent to a proposed natural gas pipeline)

• Tenn. Gas Pipeline Co. v. Permanent Easement for 1.7320 Acres (U.S. District Court for the Middle District of Pennsylvania, docket no. 3-cv-11-028)
  • Memorandum (February 24, 2014) (ruling that federal laws were to be used in determining the amount of compensation owed for acquisition of a permanent easement)

• Reading Blue Mountain & Northern R.R. Co. v. UGI Utilities, Inc. (U.S. District Court for the Middle District of Pennsylvania, docket no. 3:11-cv-2182)
  • Memorandum (January 25, 2012) (denying request for injunction seeking to enjoin Defendant UGI Utilities, Inc. from commencing drilling work on Plaintiff’s right-of-way to install Defendant’s pipeline. The Court denied Plaintiff’s injunction)

• Tenn. Gas Pipeline Co. v. Bradlee (U.S. District Court for the Middle District of Pennsylvania, docket no. 3:cv-05-2328)
  • Memorandum (September 29, 2008) (denying motion for summary judgment where complaint alleged interference with the company’s right-of-way)

• Texas Eastern Transmission v. Frank T. Perano, et al. Defendants (U.S. District Court for the Eastern District Court of Pennsylvania, docket no. 04-3915)
  • Memorandum and Order (February 4, 2005) (granting motion for preliminary injunction where company has shown a strong likelihood of success in proving that it possesses an easement)

• Zettlemoyer v. Transcontinental Gas Pipeline Corporation
  • Commonwealth Court of Pennsylvania, (docket no. not available) (1992)
  • Supreme Court of Pennsylvania (docket no. available) (1995) (finding company did not commit a de facto taking when it cleared land beyond the right-of-way it had originally maintained)