Federal judge dismisses religious order's lawsuit over pipeline

A religious order that has been challenging construction of a natural gas transmission line through its Pennsylvania property for years expressed disappointment that a federal court judge dismissed their lawsuit, which was rooted in religious freedom claims.

Attorney Dwight Yoder, representing the Adorers of the Blood of Christ, said the dismissal of the lawsuit by U.S. District Judge Jeffrey Schmehl was not surprising, given the judge's similar decisions in earlier claims against construction the Atlantic Sunrise pipeline and its builder, Transcontinental Gas Pipe Line Co.

The lawsuit filed in the U.S. District Court for the Eastern District of Pennsylvania in Reading was grounded in the Religious Freedom Restoration Act, or RFRA. The Adorers had sought a trial to present evidence about the practice of their faith and their belief that as Christians they are called to protect creation from desecration and to seek damages from the company.

Yoder called Schmehl's decision "frustrating."

"The courts have consistently sided with the fossil fuel companies in these decisions, and we respectfully disagree with the judge," Yoder told Catholic News Service Oct. 1, the morning following Schmehl's ruling.

"We think the Religious Freedom Restoration Act was adopted by Congress and Congress gave specific instructions. It's supposed to trump and preempt other federal laws," Yoder said. "Congress instructed the judiciary to apply that law to protect religious liberty. In this case that's not what's happening here. They're protecting fossil fuel companies. We disagree with the court's analysis."

The congregation said in a statement posted on its website Oct. 1 that it was disappointed with the ruling, "but not entirely surprised."

The religious order chastised the pipeline company, known as Transco, for disregarding the sisters' religious beliefs despite being aware of the faith-based objections before seeking approval for the project from the Federal Energy Regulatory Commission, which oversees energy infrastructure.

"The federal courts consistently protect the profit interests of the fossil fuel industry at the expense of religious liberties and property rights," the Adorers said.