EELC Brings Constitutional Challenge Against FERC’s Use of Eminent Domain

According to the 5th Amendment of the U.S. Constitution, “private property [shall not] be taken for public use, without just compensation.” Unfortunately for hundreds of homeowners and organizations, FERC is allowing pipeline companies to seize land unlawfully. 

 In a precedent-setting challenge, on behalf of NJ Conservation Foundation, EELC and Columbia Environmental Law Clinic filed a complaint charging FERC with permitting companies to seize private property without demonstrating public purpose.  “The law is clear,” said EELC Senior Staff Attorney Jennifer Danis, “and it is not being followed. FERC’s practice flies in the face of constitutional protections against the illegal seizing of private property.” Read more here.