On July 25, 2018, the U.S. Court of Appeals for the Fourth
Circuit ("Fourth Circuit") affirmed the U.S. District
Court for the Western District of Virginia's ("District
Court") opinion rejecting landowners' constitutional
challenge provisions of the Natural Gas Act (“NGA”)
regarding the natural gas pipeline certificate process.
Specifically, the Fourth Circuit agreed that the District Court
lacked jurisdiction to review the complaint, finding that Congress
intended the complaint to be brought before FERC instead.
Under the NGA, FERC issues Certificates of Public Convenience
and Necessity ("Certificates") for the construction of
new interstate natural gas pipeline projects. Issuing such a
Certificate automatically conveys the power of eminent domain to
the Certificate holder, who can then initiate condemnation
proceedings in the appropriate U.S. district court or state court.
Under the NGA, an aggrieved party contesting a FERC Certificate
order must first file for
