Constitutional Court Case Information

ROANOKE, Va. (January 3, 2020) — As the rest of the country rang in the new year, Landowners in Virginia who own property on the route of the Mountain Valley Pipeline were hard at work, quietly filing a constitutional case in the U.S. District Court for the District of Columbia.

The lawsuit was filed against the Federal Energy Regulatory Commission (FERC) and the Mountain Valley Pipeline (MVP).

The case centers around three constitutional principles involving delegations of Congressional power:

  1.  A broad delegation of power is unconstitutional
  2. Delegating delegated power is unconstitutional
  3. Delegating legislative power to a private entity is unconstitutional

“When it comes to eminent domain, FERC has far too much power and discretion,” said Gentry Locke lawyer Mia Yugo, attorney for landowners.

“The vesting clauses of Articles I, I, and III were designed to uphold the strict separation of powers between the three branches of government,” Yugo said. “Congress, which was entrusted with legislative power, is not permitted to delegate that power to the executive branch or to an unelected regulatory agency without constitutionally adequate limitations.”

Read more about this constitutional case.

Funds Are Needed Immediately to Advance This Case:

There is an immediate need for legal funding for this landmark case. Everyone who has read about this case can understand not only the relevance for the MVP but for all pending and future FERC infrastructure building. If you understand the destruction not only to our streams and communities but also to our democracy caused by this unconstitutional delegation of authority, please contribute immediately to our legal fund.   Send your check(s) made out to “Virginia Organizing” with  “PMCVA-legal” on memo line to:  

Preserve Montgomery County VA
PO Box 10623
Blacksburg, VA 24062