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The Fifth Circuit Remands to FERC

The Energy Law

Relying on a 1966 order that the pipelines in question were a transport system, the FERC determined that the pipelines were for the primary purpose of transporting gas. Jupiter appealed, and the Fifth Circuit vacated and remanded. 3d 346 (5th Cir. On remand, the FERC arrived at the same conclusion, and Jupiter again appealed.

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Louisiana’s Sabine River Authority Not Entitled To Sovereign Immunity

The Energy Law

7] The Fifth Circuit noted that even though the SRA-L was made part of the umbrella of the executive branch via its placement in the Department of Transportation and Development after its creation, it maintained substantial control over its operations. That retention of autonomy tilted against finding SRA-L an arm of the state. 4 (5th Cir.

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