Supreme Court of the United States · Official docket →
Leonard W. Hoffmann, et al. v. WBI Energy Transmission, Inc.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 24-1693 · judgment March 24, 2025
Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and an Eighth Circuit decision below, and down for a business respondent.
Question presented
The Natural Gas Act authorizes 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 only the constitutional minimum of compensation required by the Fifth Amendment. The question presented is: In private condemnations under the Natural Gas Act, should just compensation be determined by reference to state law?
Counsel of record
For petitioner
Robert James McNamara
Institute for Justice
For respondent
Paul Whitfield Hughes
McDermott Will & Schulte LLP
Case
Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 4 conferences
Amicus briefs
3 cert-stage · 9 merits
(6 supporting pet./neither, 3 respondent)
Linked docket
24A1205
Orders
Order list, December 8, 2025
Order list, June 29, 2026 · Certiorari granted
Order list, September 4, 2026
Order list, October 13, 2026
Proceedings
- Oct 14 2026Reply of petitioners Leonard W. Hoffmann, et al. filed. (Distributed)
- Oct 13 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Sep 21 2026Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
- Sep 21 2026Brief amicus curiae of United States filed. (Distributed)
- Sep 21 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Sep 21 2026Brief amici curiae of Interstate Natural Gas Association of America, et al. filed. (Distributed)
- Sep 14 2026Brief of respondent WBI Energy Transmission, Inc. filed. (Distributed)
- Sep 04 2026Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
- Sep 03 2026Record received from the United States Court of Appeals for the Eighth Circuit and available with the Clerk (one box).
- Aug 27 2026CIRCULATED
- Aug 25 2026Record requested from the United States Court of Appeals for the Eighth Circuit.
- Aug 20 2026Brief amicus curiae of Owners' Counsel of America filed.
- Aug 20 2026Brief amici curiae of National Association of Realtors, et al. filed.
- Aug 20 2026Brief amicus curiae of Landowner Groups filed.
- Aug 20 2026Brief amicus curiae of Pacific Legal Foundation filed.
- Aug 20 2026Brief amici curiae of Florida Property Owner Ryan Thomas, et al. filed.
- Aug 20 2026Brief amici curiae of Gary R. Erb, et al. filed.
- Aug 13 2026Brief of petitioners Leonard W. Hoffmann, et al. filed.
- Aug 11 2026SET FOR ARGUMENT on Monday, November 9, 2026.
- Jul 23 2026Motion to dispense with printing the joint appendix filed by petitioners Leonard W. Hoffmann, et al.
- Jun 29 2026Petition GRANTED.
- Jun 09 2026DISTRIBUTED for Conference of 6/25/2026.
- Jun 08 2026Supplemental brief of respondent WBI Energy Transmission, Inc. filed. (Distributed)
- Jun 05 2026Supplemental brief of petitioners Leonard W. Hoffmann, et al. filed. (Distributed)
- May 22 2026Brief amicus curiae of United States filed.
- Dec 08 2025The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Dec 01 2025DISTRIBUTED for Conference of 12/5/2025.
- Nov 17 2025DISTRIBUTED for Conference of 11/21/2025.
- Oct 29 2025DISTRIBUTED for Conference of 11/14/2025.
- Oct 24 2025Reply of petitioners Leonard W. Hoffmann, et al. filed.
- Oct 10 2025Brief of respondent WBI Energy Transmission, Inc. in opposition filed.
- Sep 10 2025Brief amicus curiae of Owners' Counsel of America filed.
- Sep 08 2025Brief amici curiae of State of North Dakota, et al. filed.
- Aug 27 2025Motion to extend the time to file a response is granted and the time is extended to and including October 10, 2025.
- Aug 26 2025Motion to extend the time to file a response from September 10, 2025 to October 10, 2025, submitted to The Clerk.
- Aug 07 2025Petition for a writ of certiorari filed. (Response due September 10, 2025)
- Jun 06 2025Application (24A1205) granted by Justice Kavanaugh extending the time to file until August 7, 2025.
- Jun 04 2025Application (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.