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Atlantic Coast Pipeline, LLC v. Winstead

ELR Citation: 48 ELR 20195
Nos. 5:18-CV-13-BO, (E.D.N.C., 11/13/2018) (Boyle, J.)

A district court temporarily stayed proceedings in which a pipeline developer sought access to a North Carolina farm for construction of the Atlantic Coast Pipeline. The landowner sought to stay the pipeline developer's attempt to acquire eminent domain rights to his property to allow pending challenges to the pipeline before an appellate court to be resolved. The district court found that although the current pipeline challenges do not concern the pipeline route in North Carolina, the outcome of one or more of the challenges could cause or require the currently permitted route to be reexamined, potentially obviating any need to secure an easement on the landowner's property. The court therefore granted a temporary stay of the proceedings.