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COURT OF APPEALS
ENVIRONMENTAL LAW, EMINENT DOMAIN, REAL PROPERTY LAW, UTILITIES.
The Certificate of Public Convenience and Necessity Issued by the Federal Energy Regulatory Commission (FERC) Exempted the Gas Pipeline Company From Any Review Requirements of the Eminent Domain Procedure Law (EDPL); the Company Was Free to Exercise Eminent Domain of the Land in Dispute
The Court of Appeals, reversing the Appellate Division, in a full-fledged opinion by Judge Stein, over a two-judge dissent, determined that the certificate of public convenience and necessity issued to petitioner, National Fuel Gas Supply, for construction of a gas pipeline, exempted National Fuel from any requirements of the Eminent Domain Procedure Law (EDPL). Therefore National Fuel did not need to comply with the notice and hearing requirements of the EDPL before exercising eminent domain of the land in dispute. Matter of National Fuel Gas Supply Corp. v. Schueckler, 2020 N.Y. Slip Op. 03563, CtApp 6-25-20