Participants in the lawsuit hope it will protect their private property from what they describe as “a government-sanctioned land grab” for the financial gain of a private pipeline company.
A Roanoke-based lawyer representing 17 plaintiffs who own 10 properties along the current route of the proposed Mountain Valley Pipeline contend that the federal agency tasked with reviewing interstate pipelines should not be able to grant the power of eminent domain to a private company for its pursuit of “private pecuniary gain.”
A lawsuit filed Thursday in federal court in Roanoke challenges the authority of the Federal Energy Regulatory Commission to “sub-delegate” the power of eminent domain to a company like Mountain Valley Pipeline LLC. And it seeks a preliminary injunction that would prevent FERC from granting that power to Mountain Valley to acquire easements if the commission issues the certificate the company needs to begin constructing a pipeline.
Justin Lugar, a lawyer with the firm of Gentry Locke, filed the lawsuit in U.S. District Court. Defendants include: FERC, Cheryl LaFleur, the commission’s acting chairwoman, and Mountain Valley Pipeline LLC.
Opposition to the Mountain Valley Pipeline and to the separate-but-similar Atlantic Coast Pipeline to the north has focused both on environmental issues and the protection of private property rights, sometimes creating unique alliances of environmentalists and conservative Republicans.
Lugar said the concerns about private property rights should be disquieting for everyone.
“It’s not a political issue of the ‘left’ or ‘right’ but rather a pure issue of constitutional law and individual property rights,” he said. “The issue of how and when a private entity may invoke eminent domain is one that should concern all Americans, including current and prospective landowners.”
The Roanoke Times – Duncan Adams – 07/27/2017 –
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