Articles Posted in US Court of Appeals for the Third Circuit

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About 99.5% of the Orion Project, 12.9 miles of pipeline looping that would transport an additional 135,000 dekatherms per day of natural gas through Pennsylvania, would run alongside existing pipelines. According to Riverkeeper, construction will lead to deforestation, destruction of wetland habitats, and other forms of environmental damage. Riverkeeper asserts that such damage can be avoided by building or upgrading a compressor station. The Army Corps of Engineers, which administers certain provisions of the Clean Water Act, 33 U.S.C. 1344(a), 1362(7) issued a Section 404 permit approving the project. The Third Circuit rejected Riverkeeper’s challenge. The Corps considered the compression alternative but rejected it for reasons supported by the record. While the compression alternative would disturb less land, its impact would be mostly permanent. The pipeline project would disturb more land, but its impact would be mostly temporary. In making a policy choice between those environmental tradeoffs, the agency’s discretion “was at its apex.” View "Delaware Riverkeeper Network v. United States Army Corps of Engineers" on Justia Law

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In 2012, Scott Township in Lackawanna County, Pennsylvania enacted an ordinance that authorizes officials to enter upon any property within the Township to determine the existence and location of any cemetery. The ordinance compels property owners to hold their private cemeteries open to the public during daylight hours. Knick challenged the ordinance as authorizing unrestrained searches of private property in violation of the Fourth Amendment and as taking private property without just compensation in violation of the Fifth Amendment. The Third Circuit affirmed the dismissal of the case. While the “ordinance is extraordinary and constitutionally suspect,” important justiciability considerations preclude reaching the merits. Because Knick conceded that her Fourth Amendment rights were not violated and failed to demonstrate that they imminently will be, Knick lacks standing to advance her Fourth Amendment challenge. Knick’s Fifth Amendment claims are not ripe until she has sought and been denied just compensation using Pennsylvania’s inverse condemnation procedures, as required by Supreme Court precedent. View "Knick v. Township of Scott" on Justia Law