What happens when pipelines need to be replaced? New eminent domain issues emerge.

Pipelines age. Botox for pipelines is called replacement. When replacement means re-routing the pipeline, land owners sue.  A federal district court in Pennsylvania granted summary judgment for the land owners finding that replacement requires that the pipeline use the same footprint. The Third Circuit issued a deeply split opinion that will forecast many future suits throughout the country as pipelines are replaced. The split opinion generously defines replacement. The pipeline isn’t required to be in the same spot. A quarter of a mile to a mile away is good enough for the Third Circuit. That’s some leeway.   [The Legal Intelligencer] [Columbia Gas Transmission v. York County]