Legal Opinion

Columbia Gas Transmission, LLC v. 1.01 Acres, More or Less

Court of Appeals for the Third Circuit

Decided September 26, 2014No. 13-4458, 13-4459, 13-4460, 13-4461PublishedCited by 71 opinions

1Opinion of the Court

OPINION

RENDELL, Circuit Judge:

The issue before us is straightforward: does Columbia Gas Transmission, LLC (“Columbia”), have the right of eminent *303domain to obtain easements over the land of objecting landowners, outside of the existing right of way, in order to replace deteriorating pipeline? The answer is equally straightforward and clear: yes.

The regulatory authority given to natural gas companies such as Columbia actually anticipates replacement outside the existing right of way as we discuss below, and contains no adjacency requirement. The issue before us, then, whether Columbia has a…

2Cases cited12 opinions

  1. Auer v. RobbinsSupreme Court of the United States · 1997
  2. Christensen v. Harris CountySupreme Court of the United States · 2000
  3. Christopher v. Smithkline Beecham Corp.Supreme Court of the United States · 2012
  4. Decker v. Northwest Environmental Defense CenterSupreme Court of the United States · 2013
  5. Utility Air Regulatory Group v. EPASupreme Court of the United States · 2014

7 more not listed; retrieve them via the Exa API.

3Cited by71 opinions

  1. Mountain Valley Pipeline, LLC v. 6.56 Acres of LandCourt of Appeals for the Fourth Circuit · 2019
  2. Federal Trade Commission v. Wyndham Worldwide Corp.Court of Appeals for the Third Circuit · 2015
  3. Transcontinental Gas Pipe Line Company, LLC v. Gail Brandon CochranCourt of Appeals for the Eleventh Circuit · 2018
  4. Transcon. Gas Pipe Line Co. v. Permanent Easements for 2.14 Acres & Temp. Easements for 3.59 Acres in Conestoga Twp.Court of Appeals for the Third Circuit · 2018
  5. Twp. of Bordentown v. Fed. Energy Regulatory Comm'nCourt of Appeals for the Third Circuit · 2018

66 more not listed; retrieve them via the Exa API.

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