Saturday, October 02, 2021

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.