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Eminent domain has divided pipeline developers, landowners, environmentalists, and the government in a recent series of high profile cases involving natural gas pipeline projects. For example, the Third Circuit in In re PennEast Pipeline Co., LLC, 938 F.3d 96 (3d Cir. 2019), held that eminent domain cannot be used to acquire state lands. And the D.C. Circuit, animated by concern about the ability for pipeline developers to use eminent domain long before the Federal Energy Regulatory Commission (FERC) and the courts finally resolve challenges to FERC’s certificates approving such infrastructure projects, recently overturned 30 years of jurisdiction-related precedents in Allegheny Defense Project, et al. v. FERC, No. 17-1098, 2020 WL 3525547 (D.C. Cir. Jun. 30, 2020) (en banc). The U.S. Supreme Court has signaled its interest in eminent domain by inviting the Solicitor General to address whether certiorari should be granted in PennEast.
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By Steven M. Silverberg and Katherine Zalantis
The Ninth Circuit Court of Appeals’ recent decision in City of Portland v. Unites States significantly affects the ability of local governments to regulate the installation of so called “small cell” wireless facilities and addresses the ability of wireless providers to utilize utility poles.
MCI for New Carpeting Upheld
Tenant Breach by Making Renovation Without Permit Entitles Landlord to Possession
Issues of Fact Preclude Summary Judgment on Subtenant’s Succession Defense
Neighbors Who Used Concrete Platform Adjacent to Fence Established Title By Adverse Possession
Lawyer Who Failed to Terminate Contract in Accordance With Seller’s Instructions Did Not Commit Legal Malpractice
Developer Strictly Liable for Damages Caused By Excavation
Contract Vendee Who Did Not Seek Mortgage In Its Own Name Failed to Comply with Mortgage Contingency Clause
Fine for Refusal to Remove Dogs Upheld Under Business Judgment Rule