Supreme Court to weigh attorney fees in pipeline land cases

The U.S. Supreme Court is scheduled to hear oral arguments on Nov. 9, 2026, to resolve a legal dispute over whether landowners can recover attorney's fees when private companies use federal eminent domain to build interstate pipelines. The case, Hoffmann v. WBI Energy Transmission, Inc., centers on whether state law or the Fifth Amendment governs the definition of just compensation under the Natural Gas Act.

The litigation stems from a project in McKenzie County, North Dakota, where WBI Energy Transmission, Inc. acquired easements for a 12-mile pipeline after failing to reach voluntary agreements with local landowners, including Leonard W. Hoffmann. While the parties reached a settlement regarding the value of the land, they remained in conflict over the payment of legal costs.

A U.S. District Court in North Dakota initially awarded the landowners more than $383,000 in attorney's fees, applying state law standards. However, the U.S. Court of Appeals for the Eighth Circuit vacated that decision in March 2025, ruling that the Fifth Amendment provides the exclusive framework for compensation in these federal proceedings, which does not typically include the recovery of such fees.

The Supreme Court granted certiorari on June 29, 2026, to address a conflict among federal appellate courts. While the Eighth Circuit ruled against the recovery of fees, the Third, Fifth, Sixth, and Eleventh Circuits have previously held that state law should govern the measure of compensation in condemnation cases brought under the Natural Gas Act.

Bob McNamara, representing the petitioners from the Institute for Justice, is set to present arguments before the Court. Counsel for WBI Energy Transmission, Inc. and the U.S. Solicitor General’s office will represent the respondent during the hearing, which is slated for 11:00 a.m. EST.