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Pipeline Right of Way

The Energy Law

Tennessee Gas Pipeline Co. plaintiff, owner of an undivided interest in property across which Defendant Tennessee Gas Pipeline Co. (“TGP”) TGP”) held a pipeline “easement” or “right of way” obtained in an expropriation proceeding, appealed from the district court’s dismissal of her claims against TGP as time barred by prescription.

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First Circuit Holds That Common Carrier Cannot Expropriate Private Property to Perform Routine Service and Maintenance on its Ethylene Pipeline

The Energy Law

Hinnigan In ExxonMobil Pipeline Co. ExxonMobil wanted to build an access road so that it could perform routine service and maintenance on one of its ethylene pipelines. ExxonMobil wanted to build an access road so that it could perform routine service and maintenance on one of its ethylene pipelines. Union Pacific Railroad Co.,

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U.S. Fifth Circuit Adopts Broad Definition of “Good Faith” for Louisiana Environmental Whistleblower Claims

The Energy Law

applied a broad definition of the intent required of a plaintiff under the Louisiana Environmental Whistleblower Act. On June 1, 2017, the United States Fifth Circuit Court of Appeals in Borcik v. Crosby Tugs, L.L.C. Crosby Tugs, L.L.C. 2016-1372, — So. 3d —, 2017 WL 1716226 (La. Corsby Tugs, L.L.C. , 15-30435, 2017 WL 2374115 (5 th Cir.

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Can PGP Qualify for Condemnation Authority?

Producer's Edge

Pipelines LLC , No. filed) was whether South Texas Pipelines LLC (“STX”), a subsidiary of Enterprise Products Partners L.P., had the power of eminent domain to condemn an easement across the appellants’ (“Landowners”) land for a new pipeline to transport polymer grade propylene (PGP).

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Federal Court Rules Oyster Fishermen Can’t Pursue Class Action Against Owners of Pipelines and Storage Tanks for Alleged Damages from Katrina

The Energy Law

Shell Pipeline Co. The defendants’ countered, arguing that fatal to the class definition was any geographic boundaries, making the class not ascertainable. The court focused heavily on the plaintiffs’ purported attempt to oversimplify the burden of proof that would require more than a common event such as a pipeline or tank rupture.

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EPA and Army Corps Release New WOTUS Rule

The Energy Law

In line with the Sackett holding, the final rule removes the “significant nexus standard” for wetlands from the agency regulations and amends the definition of “adjacent.”Prior The agencies have not indicated whether projects addressed under prior WOTUS definitions will be affected or may be revisited.

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Louisiana Appeals Court Finds Environmental Justice Is Part of the Louisiana Public Trust Duty

The Energy Law

While current industry and agency practice generally incorporate EJ analyses into the permitting process, the court’s decision cements the need for environmental justice analyses to satisfy the Public Trust Doctrine and provides a more definite avenue for challenging permits based on EJ. What is EJ?

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