West Virginians who are following pipeline proposal issues might be interested in the latest news out of Kentucky, from WFPL:
The Kentucky Court of Appeals on Friday upheld a lower court’s decision that a natural gas liquids pipeline would not have the right of eminent domain in the commonwealth. The unanimous decision means that only utilities regulated by the Public Service Commission can invoke eminent domain in Kentucky.
Back in March, some residents who are concerned about the Mountain Valley Pipeline filed lawsuits in state court to stop developers of that project from surveying their property without permission. Those cases have been kicked into federal court, and the pipeline developer has also sued residents.
And now, lawyers for the residents are requesting that U.S. District Judge Irene Berger ask the state Supreme Court to provide its guidance on a key legal issue in the case:
Whether, under West Virginia Code § 54-1-1 et seq., a proposed natural gas pipeline is “for public use,” as that term is used in W. Va. Code § 54-1-2(a)(3), when consumers of natural gas in West Virginia will not be served with gas from that pipeline, under reasonable and proper regulations, along the entire line traversed, and for reasonable fixed rates.