BERKLEY v. MOUNTAIN VALLEY PIPELINE, LLC

No. 18-1042.

896 F.3d 624 (2018)

Orus Ashby BERKLEY; James T. Chandler; Kathy E. Chandler; Constantine Theodore Chlepas; Patti Lee Chlepas; Roger D. Crabtree; Rebecca H. Crabtree; George Lee Jones; Robert Wayne Morgan; Patricia Ann Morgan; Margaret Mcgraw Slayton Living Trust; Thomas Triplett; Bonnie B. Triplett, Plaintiffs-Appellants, and Dawn E. Cisek; Martin Cisek; Edith Fern Echols; Estial E. Echols, Jr., Plaintiffs, v. MOUNTAIN VALLEY PIPELINE, LLC; Federal Energy Regulatory Commission; Neil Chatterjee, in his official capacity as Acting Chairman of the Federal Energy Regulatory Commission, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 25, 2018.


Attorney(s) appearing for the Case

ARGUED: Justin Michael Lugar , GENTRY LOCKE, Roanoke, Virginia, for Appellants. Susanna Y. Chu , FEDERAL ENERGY REGULATORY COMMISSION, Washington, D.C., for Appellees Federal Energy Regulatory Commission and Neil Chatterjee. Wade Wallihan Massie , PENN, STUART & ESKRIDGE, Abingdon, Virginia, for Appellee Mountain Valley Pipeline, LLC. ON BRIEF: Cynthia M. Kinser , Monica T. Monday , GENTRY LOCKE, Roanoke, Virginia, for Appellants. James P. Danly , General Counsel, Robert H. Solomon , Solicitor, FEDERAL ENERGY REGULATORY COMMISSION, Washington, D.C., for Appellees Federal Energy Regulatory Commission and Neil Chatterjee. Mark E. Frye , Seth M. Land , PENN, STUART & ESKRIDGE, Abingdon, Virginia, for Appellee Mountain Valley Pipeline, LLC.

Affirmed by published opinion. Judge Wynn wrote the opinion, in which Chief Judge Gregory and Judge Thacker joined.


Plaintiffs1 are landowners along the path of a proposed natural gas pipeline. They brought this action against the Mountain Valley Pipeline, LLC, the Federal Energy Regulatory Commission, and Neil Chatterjee, in his official capacity as Acting Chairman of the Federal Energy Regulatory Commission...

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