Williston Basin Interstate Pipeline Co. v. an Exclusive Gas Storage Leasehold & Easement in the Cloverly Subterranean Geological Formation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• Determining that, 23 generally, dismissal is improper when the question of jurisdiction and the merits of the 24 action are intertwined.
• explaining that a “state [law] 21 claim must ‘turn on substantial questions of federal law,’ and ‘really and substantially 22 involve a dispute or controversy respecting the validity, construction or effect of federal 23 law’”
• explaining that a gas company has the unconditional authority of eminent domain under the NGA and that power extends to any property located within the geographical area that is designated on the map(s) attached to the application for the FERC Certification
• “[A] key Congressional goal in enacting the [Natural Gas Act (NGA)2], namely, to have FERC balance the competing public interests involved in a proposed project through the issuance of certificates of public convenience and necessity.”
• “As a general 27 2 In order to establish Article III standing, “[t]he plaintiff must have (1) suffered an injury in 28 fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3
• “As a general rule, when ‘[t]he question of jurisdiction and the merits of [the] action are intertwined,’ dismissal for lack of subject matter 26 jurisdiction is improper.” (quoting Meyer, 373 F.3d at 1039 (9th Cir. 2004) (alterations in original))

Source: CourtListener parenthetical corpus (CC0).