Mountain Valley Pipeline Litigation is Getting Started

People are lawyering up over the Mountain Valley Pipeline.  A while back, the MVP sent out letters to property owners saying that if the property owners didn’t allow the MVP surveyors onto their property, MVP would sue.  A few people took initiative and filed a suit asking that the MVP not be allowed onto their property.  Now MVP has filed suit asking to be allowed onto their property, and that of 100 other people who have refused access.  It’s an interesting question, whether the MVP can force people to allow surveyors under the eminent domain laws.  Certainly, Federal eminent domain won’t apply because the MVP hasn’t been approved by FERC yet.  State eminent domain laws might, but the surface owners’ argument is interesting.  West Virginia eminent domain allows eminent domain to be exercised for the public good, and since the pipeline is just passing through, there won’t be any good done to the West Virginia public.  If you’re interested in more details, the article over at the Register Herald is worth a quick read.