Nuns Again Lose Challenge To Atlantic Sunrise Pipeline

 In Adorers of the Blood of Christ v. Transcontinental Gas Pipeline Co., (ED PA, Sept. 30, 2021), a Pennsylvania federal district court dismissed a claim for damages under RFRA brought by an Order of Catholic nuns whose land was condemned for construction of the Atlantic Sunrise Pipeline. They alleged that the taking violated their religious exercise because of their belief in the need to protect and preserve creation. In 2018, the U.S. 3rd Circuit Court of Appeals held that their suit seeking an injunction against the pipeline should be dismissed because their challenge should have first been brought before the Federal Energy Regulatory Commission (FERC). (See prior posting.) In this week's decision, the court said in part:

simply seeking money damages as opposed to injunctive relief does not cure the jurisdictional defect in this matter.

3rd Circuit: Nuns Lose Pipeline Challenge On Procedural Grounds

In Adorers of the Blood of Christ v. Federal Energy Regulatory Commission, (3d Cir., July 25, 2018), the U.S. 3rd Circuit Court of Appeals affirmed the dismissal of a RFRA challenge by an Order of Catholic nuns (the "Adorers") to FERC's approval of a pipeline project. The natural gas pipeline runs through land owned by the Adorers. Developers were authorized to acquire land for the pipeline by eminent domain.  According to the court:

The Adorers object to the use of their land as part of the Project, explaining that their deeply-held religious beliefs require that they care for the land in a manner that protects and preserves the Earth as God’s creation. But despite receiving notice of the proposed project, the Adorers never raised this objection before FERC.

The Natural Gas Act calls for appeals from FERC orders to be filed with the Court of Appeals. The Adorers failed to follow this procedural route. The court held:

The Adorers contend that the plain language of this judicial relief provision grants them a statutory right to assert their RFRA claim in district court. We disagree. The NGA is a detailed statute, setting forth specific provisions on the procedure by which approval and subsequent review of a pipeline project may be attained.

Lancaster Online reports on the decision.

Nuns Argue RFRA Claim As To Pipeline Before 3rd Circuit

On Friday the U.S. 3rd Circuit Court of Appeals heard oral arguments (audio of full arguments) in Adorers of the Blood of  Christ v. FERC.  In the case, a Pennsylvania federal district court dismissed for lack of jurisdiction a RFRA challenge by a Catholic order of nuns to the construction and operation of the Atlantic Sunrise gas pipeline through land owned by the order. (See prior posting.)  At issue is whether the nuns should have used procedures set out in the Natural Gas Act to raise their objections. NPR reports on the oral arguments.