Partner Jeffrey Simmons was quoted in a Law360 article, “Land Grab: Property Owners Fight Back Against Pipeline IOUs,” about whether the U.S. Supreme Court is likely to hold that so-called quick-take seizures by pipeline companies are unlawful.
Simmons, who has represented pipeline companies in condemnation cases, said a consensus has formed that making pipelines wait could become a nightmare. “The problem with [a Seventh Circuit decision holding that a pipeline company lacks the authority to build anything before payment is agreed upon] as a practical matter is that, if they can’t take it right away, it can delay the project for years,” he said. “And from the courts’ view, there’s very little question that they’ll get the property eventually.”
He also said there’s nothing “inherently unfair” about letting construction proceed quickly and allowing the parties to work out the price later.
Simmons, who has represented pipeline companies in condemnation cases, said a consensus has formed that making pipelines wait could become a nightmare. “The problem with [a Seventh Circuit decision holding that a pipeline company lacks the authority to build anything before payment is agreed upon] as a practical matter is that, if they can’t take it right away, it can delay the project for years,” he said. “And from the courts’ view, there’s very little question that they’ll get the property eventually.”
He also said there’s nothing “inherently unfair” about letting construction proceed quickly and allowing the parties to work out the price later.
Related News
April 3, 2026
In the News
David Rosen Weighs in on FDA's Pharma PR Crackdown – 'Stick to the Data'
Foley & Lardner LLP partner David Rosen shared insights on the regulatory challenges pharmaceutical companies face when publicly communicating around new cancer therapies in the MM+M article, “When a podcast becomes promotion: Inside the FDA’s warning shot at ImmunityBio.”
April 2, 2026
In the News
Susan Poll Klaessy and Adrienne Walker Named Chair and Vice Chair of Foley’s Bankruptcy & Business Reorganizations Practice
Foley & Lardner LLP partner Susan Poll Klaessy was appointed chair of the firm’s global Bankruptcy & Business Reorganizations Practice Group. Partner Adrienne Walker will serve as vice chair, supporting the continued growth and strategic direction of the practice.
April 1, 2026
In the News
Foley Featured on Top 10 Sales of 2025 List by Golf Inc.
Foley & Lardner LLP advised on two transactions named among Golf Inc.’s Top 10 Sales of 2025.