UNITED STATES DISTRICT COURT
F()R THE DISTRICT OF COLUMBIA
Bold Alliance, et al., )
)
Plaintiffs, )
)
v. ) Civil Case No. 17-cv-01822 (RJL)
)
Federal Energy Regulatory Commission, et )
az., ) F I L E D
) EP 2 a
Defendants. ) S 2018
) C|erk, U.S. District & Bankruptcy
Courts for the Distrlct of Columbia
MEMORANDUM OPINION
¢-r__
september ZZ __2018 [Dkt. ## 11, 16, 20, 21, 22]
Plaintiffs challenge the F ederal Energy Regulatory Commission’s (“FERC’s”)
issuance of certificates of public convenience and necessity to defendants Atlantic Coast
Pipeline LLC (“ACP”) and Mountain Valley Pipeline, LLC (“MVP”). Those certificates
authorize ACP and MVP to exercise certain limited eminent domain rights on property in
the path of two planned natural gas pipelines. Plaintiffs raise a bevy of constitutional and
statutory claims - l7 in total - and ask this Court to issue declaratory and injunctive relief
in order to prevent ACP and MVP from using their certificates to condemn land in the
pipelines’ Way. Seel Am. Compl. 1111 57-145. Defendants respond that plaintiffs have
selected the wrong forum, and that this Court lacks subject-matterjurisdiction to adjudicate
plaintiffs’ claims. See Fed. R. Civ. P. lZ(b)(l). That is so because Congress, through the
Natural Gas Act, has vested FERC With the sole jurisdiction to adjudicate challenges to the
construction of natural gas pipelines, and designated the courts of appeals as the exclusive
forum for issues arising from FERC proceedings ln addition, defendants maintain that
plaintiffs have brought their claims prematurely, running afoul of both the doctrines of
ripeness and exhaustion And, even Were this Court to find jurisdiction, certain defendants
contend that plaintiffs have failed to state a claim under Which relief can be granted See
Fed. R. Civ. P. l2(b)(6).
'l`hc motions to dismiss are fully briefed, and ripe for rcview. For the reasons that
follow, this Court lacks subject-matter jurisdiction over plaintiffs’ claims. l therefore
cannot proceed to the merits ofplaintiffs’ claims, and Will GRANT the l\/lotion to Dismiss
filed by Defendants Federal Energy Regulatory Commission, Commissioner Neil
Chatterjee, Commissioner Cheryl A. LaFleur, and Commissioner Robert F. Powelson, in
their official capacities`(together, “Federal Defendants”) [Dl