Strategic counsel handling federal condemnations and preemption strategies and litigation under the Natural Gas Act.
Federal preemption is a tool that can be used when municipalities or state agencies use local or state law to interfere with or block construction of interstate natural gas pipeline projects. Rutter & Roy serves as federal project counsel in these matters, handling both federal court condemnations and preemption litigation that clears the way for critical energy infrastructure.
The Natural Gas Act and related statutes frequently preempt zoning, permitting, and other local regulations that obstruct FERC‑authorized projects. For pipeline developers, preemption is a practical tool for moving projects from certificate to in‑service. Rutter & Roy integrates federal preemption strategy with routing, land acquisition, and construction planning so federal authority is asserted strategically rather than reactively.
Rutter & Roy was successful in a preemption lawsuit that was filed in the U.S. District Court for the District of New Jersey in connection with litigation between Transcontinental Gas Pipe Line Company, L.L.C. (Transco) and the Township of Chesterfield in which the Township denied Transco’s construction permit applications associated with a new compressor station. Specifically, Transco received an Order and Judgment, dated March 21, 2017, entered by the Honorable Robert B. Kugler, U.S.D.J., which provides in pertinent part “[T]he Court hereby declares that state and local ordinances and regulations that affect the siting, construction, or operation of the pipeline project are preempted by federal law and constitute an undue burden on interstate commerce.”
Once FERC issues a certificate of public convenience and necessity, interstate pipeline companies can use federal eminent domain to obtain needed rights‑of‑way. Rutter & Roy prosecutes condemnation actions and seeks timely access orders in federal district court.
Clients hire Rutter & Roy as federal natural gas counsel for their projects in other states because of our deep experience, proven judgment, and seamless coordination with local counsel.
Let's discuss how our expertise can support your objectives.
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