Mountain Valley Pipeline, LLC v. Tuhus

The defendants filed a motion for abstention, citing ongoing state criminal proceedings against them and alleged co-conspirators and state civil lawsuits against their co-conspirators that mirrored these federal complaints.

The developer of the Mountain Valley Pipeline filed lawsuits in the federal district court for the Southern District of West Virginia against two protesters, one of whom allegedly attached herself to equipment to prevent its operation and delay work and the other who allegedly blocked a roadway. The developer asked the court to enjoin the defendants from entering the subject property or interfering with or obstructing construction and other work. The developer also sought compensatory and punitive damages. The complaints—to which the developer attached social media posts about the protest and a blog post by one of the protesters—included counts for preliminary injunction, permanent injunction, trespass, tortious interference, violation of West Virginia’s Critical Infrastructure Protection Act, and civil conspiracy.