Justia Energy, Oil & Gas Law Opinion Summaries

Columbia Gas Transmission operates a natural gas pipeline that crosses a parcel of land owned by RDFS, LLC. Columbia holds an easement to operate and maintain the pipeline on this parcel. When a coal company planned to mine beneath the parcel, Columbia sought access to mitigate potential harm to its pipeline. RDFS denied access, leading Columbia to file a lawsuit. The district court granted a preliminary injunction allowing Columbia to proceed with its mitigation efforts.The United States District Court for the Northern District of West Virginia first considered Columbia's motion for a preliminary injunction. The court applied the four factors from Winter v. Natural Resources Defense Council, Inc., concluding that Columbia was likely to succeed on the merits, would suffer irreparable harm without access, and that the balance of equities and public interest favored Columbia. The court also granted Columbia's motion for partial summary judgment to condemn a temporary easement under the Natural Gas Act, finding that Columbia met all necessary requirements.The United States Court of Appeals for the Fourth Circuit reviewed the district court's grant of the preliminary injunction for abuse of discretion. The appellate court found that Columbia's easement provided broad authority to access the entire parcel for maintenance, including mitigation work. The court rejected RDFS's argument that the easement was vague and limited by Columbia's prior use. The court affirmed the district court's ruling, concluding that Columbia's right to access the parcel for mitigation was consistent with maintaining the pipeline and did not unreasonably burden RDFS's property. The ruling of the district court was affirmed. View "Columbia Gas Transmission, LLC v. RDFS, LLC" on Justia Law

Virginia Uranium filed suit seeking a declaration that the ban on mining the Coles Hill uranium deposit was preempted by federal law and an injunction compelling the Commonwealth to grant uranium mining permits. The district court granted the Commonwealth's motion to dismiss. On appeal, Virginia Uranium maintains that the Atomic Energy Act preempts Virginia's ban on uranium mining. The court concluded that the district court correctly held that Virginia's ban on conventional uranium mining is not preempted. The court explained that, because conventional uranium mining outside of federal lands is beyond the regulatory ambit of the Nuclear Regulatory Commission, it is not an "activity" under section 2021(k) of the Act. The court rejected Virginia Uranium's contention that uranium-ore milling and tailings storage are activities under section 2021(k) of the Act, and concluded that the Commonwealth’s mining ban does not purport to regulate an activity within the Act's reach. Finally, the court concluded that the district court properly dismissed the case where Congress's purposes and objectives in passing the Act are not materially affected by the Commonwealth's ban on conventional uranium mining. Accordingly, the court affirmed the judgment. View "Virginia Uranium v. Warren" on Justia Law