No. 25-159

Leonard W. Hoffmann, et al. v. WBI Energy Transmission, Inc.

Lower Court: Eighth Circuit
Docketed: 2025-08-11
Status: Pending
Type: Paid
CVSGAmici (2)Relisted (3) Experienced Counsel
Tags: circuit-split fifth-amendment just-compensation land-condemnation natural-gas-act state-law
Key Terms:
Takings FifthAmendment JusticiabilityDoctri
Latest Conference: 2025-12-05 (distributed 3 times)
Question Presented (AI Summary)

In private condemnations under the Natural Gas Act, should just compensation be determined by reference to state law?

Question Presented (from Petition)

The Natural Gas Act a uthorizes private companies to condemn land in order to build certain natural gas infrastructure, but it says nothing about how to determine the amount of just compensation owed for the property taken . 15 U.S.C. § 717f. The Third, Fifth, Sixth, and Eleventh Circuits have all held that compensation awards in private condemnations under the Natural Gas Act must therefore be determined by reference to state law , which often mandates higher compensation than the floor set by the Fifth Amendment . In this case, the Eighth Circuit expressly split with its sister circuits and instead held that the Natural Gas Act permits o nly the constitutional minimum of compensation required by the Fifth Amendment. The question presented is: In private condemnations und er the Natural Gas Act, should just compensation be determined by reference to state law?

Docket Entries

2025-12-08
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2025-12-01
DISTRIBUTED for Conference of 12/5/2025.
2025-11-17
DISTRIBUTED for Conference of 11/21/2025.
2025-10-29
DISTRIBUTED for Conference of 11/14/2025.
2025-10-24
Reply of petitioners Leonard W. Hoffmann, et al. filed.
2025-10-24
Reply of Leonard W. Hoffmann, et al. submitted.
2025-10-10
Brief of respondent WBI Energy Transmission, Inc. in opposition filed.
2025-10-10
Brief of WBI Energy Transmission, Inc. in opposition submitted.
2025-09-10
Brief amicus curiae of Owners' Counsel of America filed.
2025-09-10
Amicus brief of Owners' Counsel of America submitted.
2025-09-08
Brief amici curiae of State of North Dakota, et al. filed.
2025-08-27
Motion to extend the time to file a response is granted and the time is extended to and including October 10, 2025.
2025-08-26
Motion to extend the time to file a response from September 10, 2025 to October 10, 2025, submitted to The Clerk.
2025-08-26
Motion of WBI Energy Transmission, Inc. for an extension of time submitted.
2025-08-07
Petition for a writ of certiorari filed. (Response due September 10, 2025)
2025-06-06
Application (24A1205) granted by Justice Kavanaugh extending the time to file until August 7, 2025.
2025-06-04
Application (24A1205) to extend the time to file a petition for a writ of certiorari from June 22, 2025 to August 7, 2025, submitted to Justice Kavanaugh.

Attorneys

Leonard W. Hoffmann, et al.
Robert James McNamaraInstitute for Justice, Petitioner
Robert James McNamaraInstitute for Justice, Petitioner
Owners' Counsel of America
Vince Robert EisingerCranfill Sumner LLP, Amicus
Vince Robert EisingerCranfill Sumner LLP, Amicus
State of North Dakota
Philip AxtOffice of the North Dakota Attorney General, Amicus
Philip AxtOffice of the North Dakota Attorney General, Amicus
Joseph Scott St. JohnSt. John LLC, Amicus
Joseph Scott St. JohnSt. John LLC, Amicus
WBI Energy Transmission, Inc.
Paul Whitfield HughesMcDermott Will & Schulte LLP, Respondent
Paul Whitfield HughesMcDermott Will & Schulte LLP, Respondent