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IN THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

PETITIONERS’ STATEMENT OF ISSUES

Pursuant to the Court’s Order dated August 7, 2018, Bold Alliance and Bold

Educational Fund, hereby set forth the issues to be raised in the petition for review:

1. Whether Mountain Valley’s exercise of eminent domain pursuant to

the Commission’s conditional Certificate Order violates the Natural Gas Act where

Mountain Valley failed to maintain permits that federal law and the Certificate

require, the Certificate imposed conditions, such as holding certain permits, that

were conditions precedent to the determination of public convenience and

necessity, and neither FERC nor the district courts have confirmed Mountain

Valley’s ability to pay for the takings related to the Project.

2. Whether the Commission’s and the judiciary’s refusal to consider


landowners’ statutory and constitutional arguments before the taking of their

property—or to provide a prompt post-deprivation hearing on those

arguments—violates landowners’ procedural due process rights.

Respectfully submitted,

/s/Carolyn Elefant

Carolyn Elefant
LAW OFFICES OF CAROLYN ELEFANT
1440 G Street N.W., Eighth Floor
Washington D.C. 20005
202-297-6100
carolyn@carolynelefant.com

Christopher Johns*
Johns & Counsel PLLC
401 Congress St., Suite 1540
Austin, TX 78701
512-399-3150
cjohns@johnsandcounsel.com

Counsel for Bold Alliance & Bold


Education Fund
*Not yet admitted to practice before D.C.
Circuit

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CERTIFICATE OF SERVICE

I certify that on the 7th day of September 2018, I caused to be served the

Statement of Issues by Petitioners on all parties via the Court’s ECF filing system.

Respectfully submitted,

/s/Carolyn Elefant

Carolyn Elefant
LAW OFFICES OF CAROLYN ELEFANT
1440 G Street N.W., Eighth Floor
Washington D.C. 20005
202-297-6100
carolyn@carolynelefant.com

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