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.

Opening Brief of Intervenors

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.

FOIA Complaint

Complaint – Exhibit 1

Complaint – Exhibit 2

Complaint – Exhibit 3

Complaint – Exhibit 4

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.

Comments on the Federal Energy Regulatory Commission’s Draft Environmental Impact Statement For the Jordan Cove Energy Project

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.

FOIA Complaint

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

Bayou Bridge Pipeline (Bayou Bridge Pipeline v. 38.00 Acres, More or Less)

An amicus brief filed for landowner appeal.

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)

Corrected amicus brief in support of petitioners