July 7, 2026Energy Regulation, Markets & Enforcement, Power, Energy, Energy & Infrastructure, FERC/Regulatory
On June 29, 2026, the Supreme Court granted a petition for certiorari in Leonard Hoffmann v. WBI Energy Transmission, Inc. (Hoffmann), which presents the question whether section 7 of the Natural Gas Act (NGA) requires pipeline companies using federal eminent domain authority to pay landowners’ attorney’s fees in states where landowners can recover those fees under state law. In the decision giving rise to the Supreme Court’s review, the U.S. Court of Appeals for the Eighth Circuit held that a group of ranchers were not entitled to recover their $383,300 in attorney’s fees incurred while negotiating their compensation—creating a circuit split with four other courts of appeals. Hoffmann will be heard during the Court’s October 2026 Term, and marks the second time in five years that the Court has agreed to interpret NGA section 7.
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