Malinowski Applauds Court Decision to Protect Landowners Threatened by Pipeline Construction

July 1, 2020
Press Release

(Washington, DC) Yesterday, the United States Court of Appeals for the D.C. Circuit ruled in favor of landowners who challenged the Federal Energy Regulatory Commission’s (FERC) use of tolling orders—an unfair practice that blocks landowners from challenging the legality of a pipeline project, while allowing pipeline companies to seize their land and begin construction. This landmark ruling sets a national precedent by requiring FERC to respond to landowners’ requests for rehearing within 30 days. 

“The D.C. Circuit ruling is a major victory for landowners in New Jersey and across the country,” said Representative Malinowski. “Whether it’s PennEast, Atlantic Coast, or any other project, affected landowners should never be deprived of their right to due process when a company is attempting to take their land to build a pipeline.”

In May, Representative Malinowski introduced the Landowners’ Right to Due Process in Rehearings at FERC Act, which, among other provisions, grants due process rights to petitioners who request a rehearing on a pipeline project; requires that FERC respond to a rehearing request within a fixed timeline; and prohibits pipeline companies from exercising eminent domain until the rehearing window has expired.

More information about Rep. Malinowski’s legislation can be found here.