Transwestern Pipeline Co. v. 17.19 Acres of Property Located in Maricopa County

Transwestern Pipeline Co. (Transwest-ern) appeals the district court’s denial of its preliminary injunction motion seeking immediate possession of appellee landowners’ parcels of land. As a holder of a valid Federal Energy Regulatory Commission (FERC) certificate, Transwestern claims it is entitled to condemn appellees’ land pursuant to § 717f(h) of the Natural Gas Act (NGA). The district court denied the injunction, holding that, until condemnation proceedings are completed, Tran-swestern maintains no substantive right of possession and therefore the district court lacked authority to grant preliminary equitable relief. The district court had jurisdiction pursuant to 15 U.S.C. § 717f(h) and 28 U.S.C. § 1331 . We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1). We affirm and hold that, until an order of condemnation issues pursuant to the requirements of 15 U.S.C. § 717f(h), Tran-swestern has no substantive right of possession.

I. Background

Transwestern owns and operates natural gas pipelines serving much of the Southwest. Following the review of its application and completion of public hearings, the Federal Energy Regulatory Commission (FERC) issued a Certificate of…