Partner Jeffrey Simmons appeared as a guest speaker on The Federalist Society podcast, “Is ‘Possess Now, Pay Later’ Constitutional in Private Pipeline Takings?”
The podcast considered a petition for certiorari before the U.S. Supreme Court asking it to review a question which has split the lower federal courts: Whether federal district courts have the power under the rules of civil procedure to issue preliminary injunctions in takings under the Natural Gas Act which allow private pipeline condemnors to obtain immediate possession of property, even though Congress has withheld the federal “quick take” power in the NGA. Simmons spoke about the issue from the perspective of a pipeline owner, whom he often represents.
The podcast considered a petition for certiorari before the U.S. Supreme Court asking it to review a question which has split the lower federal courts: Whether federal district courts have the power under the rules of civil procedure to issue preliminary injunctions in takings under the Natural Gas Act which allow private pipeline condemnors to obtain immediate possession of property, even though Congress has withheld the federal “quick take” power in the NGA. Simmons spoke about the issue from the perspective of a pipeline owner, whom he often represents.
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