Program Details
2026-12-17 14:30:00
Over 1,000+ webinars
Course Overview
2026-12-17 14:30:00
2h CLE Credits
Intermediate
2
2:30 pm - 3:30 pm ESTThis session examines the question the Supreme Court will hear on November 9, 2026 in Hoffmann v. WBI Energy Transmission, Inc.: whether, in condemnations brought by private pipeline companies under Section 7(h) of the Natural Gas Act, just compensation is measured by the Fifth Amendment standard or by state law. Attorneys will learn how Section 7(h) delegates the federal eminent domain power to certificate holders, how the Eighth Circuit resolved the issue, how the choice between federal and state compensation rules has divided courts, and why the answer matters for attorney’s fees and other recoverable items. Attendees will leave with a clear map of the arguments, the role the United States is playing at argument, and the likely consequences of each outcome for pending and future pipeline projects.
Elizabeth U. Witmer 3:40 pm - 4:40 pm ESTThis session walks through the practical side of natural gas pipeline condemnations as the industry awaits the Court’s decision. Attorneys will learn how condemnation actions proceed under Federal Rule of Civil Procedure 71.1, how pipeline companies obtain immediate possession, how easement value and severance damages are proven, and how the fee question shapes offers, counteroffers, and settlement timing. Attendees will leave with a valuation and evidence checklist, a negotiation framework adjusted to each possible outcome in Hoffmann, and practical guidance for advising landowners, developers, and lenders.
Marshall WallElizabeth U. Witmer is Co-Chair of the Energy Practice and Vice Chair of the Transactional Department at Saul Ewing LLP, where she advises natural gas companies, public and private utilities, and commercial developers on interstate pipeline development, eminent domain and condemnations, land use, and appellate litigation. Over more than 25 years, she has helped clients secure federal, state, and local approvals and has defended those approvals through the appellate courts. She is especially well suited to this program: lead counsel in more than 150 federal condemnation actions, an amicus brief in Kelo v. City of New London, and appellate wins on FERC certificates and immediate possession of pipeline rights of way, bringing the perspective of counsel who takes pipeline projects from certificate through compensation.
F. Marshall Wall is a Partner in the Raleigh office of Cranfill Sumner LLP, where he focuses his practice on eminent domain and land condemnation law, representing property owners in disputes with the North Carolina Department of Transportation and local government agencies. His goal is to protect property rights and make sure clients receive fair compensation when land is taken for public use, and he has been practicing law since 1999. He is especially well suited to this program: representation of property owners in eminent domain negotiations and litigation, complex right-of-way disputes, and negotiated settlements for clients whose properties were partially taken, bringing the perspective of a landowner-side trial lawyer focused on fair compensation.
Elizabeth U. Witmer is Co-Chair of the Energy Practice and Vice Chair of the Transactional Department at Saul Ewing LLP, where she advises natural gas companies, public and private utilities, and commercial developers on interstate pipeline development, eminent domain and condemnations, land use, and appellate litigation. Over more than 25 years, she has helped clients secure federal, state, and local approvals and has defended those approvals through the appellate courts. She is especially well suited to this program: lead counsel in more than 150 federal condemnation actions, an amicus brief in Kelo v. City of New London, and appellate wins on FERC certificates and immediate possession of pipeline rights of way, bringing the perspective of counsel who takes pipeline projects from certificate through compensation.
F. Marshall Wall is a Partner in the Raleigh office of Cranfill Sumner LLP, where he focuses his practice on eminent domain and land condemnation law, representing property owners in disputes with the North Carolina Department of Transportation and local government agencies. His goal is to protect property rights and make sure clients receive fair compensation when land is taken for public use, and he has been practicing law since 1999. He is especially well suited to this program: representation of property owners in eminent domain negotiations and litigation, complex right-of-way disputes, and negotiated settlements for clients whose properties were partially taken, bringing the perspective of a landowner-side trial lawyer focused on fair compensation.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
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