Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Pending FERC Appeal and Condemnation Action are Proper Forums for Associated Tort Claims

By Squire Patton Boggs on October 6, 2010
Email this postTweet this postLike this postShare this post on LinkedIn

In American Energy Corporation v. Rockies Express Pipeline LLC(Case No. 09-3864) (pdf), the Court held that the plaintiff coal companies cannot use tort and equitable claims to get a second opinion on issues the Sixth Circuit considered to be pending before the D.C. Circuit in a FERC appeal and an eminent domain proceeding in Southern District of Ohio. 

The parties were already involved in two pending cases: (1) an appeal of the Federal Energy Regulatory Commission (FERC) certificate that allowed the pipeline to be installed above plaintiffs’ coal mines and (2) an eminent domain action to compensate the coal companies for the loss of their property to the pipeline.

Apparently unhappy with these two proceedings, the coal companies filed yet another case in Ohio state court that was promptly removed.  This time, the coal companies sought injunctions that the pipeline company had to develop a plan to prevent disruption and damage to the coal mine operation and sought compensation for such damages under a conversion theory.

The Court rejected this approach, holding that the injunction claims were really a re-litigation of the issues involved in the FERC appeal.  The Court considered the conversion claim just a re-labeling of the “loss of use” considerations involved in the eminent domain proceeding.  Because the issues were the subject of these other suits, they could not be litigated separately.

  • Posted in:
    Energy and Utilities
  • Blog:
    Sixth Circuit Appellate Blog
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo