On February 2, the US Court of Appeals for the DC Circuit denied a motion for stay and a petition for writ of mandamus filed by plaintiffs in one of the Constitutional challenges against FERC’s power to grant eminent domain authority.
The motion and petition were originally filed on January 8 by counsel from Appalachian Mountain Advocates and Sierra Club on behalf of Appalachian Voices, Chesapeake Climate Action Network, Sierra Club, West Virginia Rivers Coalition, and Wild Virginia.
Additionally, the judges on the panel ordered that motions to dismiss the case filed by the defendant “be referred to the merits panel to which these consolidated cases are assigned.”