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Federal Court Finds A Continuing Duty Under Louisiana Law To Prevent The Erosion of Pipeline Canals

The Energy Law

A recent decision from the Eastern District of Louisiana provides a mixed bag for pipeline companies or others whose operations involve canals. 2002), the court held that contractual ambiguity in a servitude agreement requires resort to Louisiana’s suppletive servitude rules. Columbia Gulf Transmission Co. , 3d 303 (5 th Cir.

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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. The panel concluded that several features of the pipelines weighed in favor of the finding that their primary purpose was the gathering of gas. 3d 346 (5th Cir.