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Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

Fifth Circuit held that a landowner is not entitled to a pipeline company’s profits as a consequence of a portion of a pipeline being located partially outside of a servitude. Even if the proceeds of the gas were considered a “fruit,” the court found the proceeds were not a fruit of anything Plaintiffs owned.

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Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

Fifth Circuit held that a landowner is not entitled to a pipeline company’s profits as a consequence of a portion of a pipeline being located partially outside of a servitude. Even if the proceeds of the gas were considered a “fruit,” the court found the proceeds were not a fruit of anything Plaintiffs owned.

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Western District Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

QEP was the lessee of a mineral lease covering Plaintiffs’ property, but because it wanted to transport off-site gas across their property, QEP also obtained a pipeline servitude across Plaintiffs’ land.

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A Summary of Professor Jim Rossi’s Lecture on the “Federalism Battles in Energy Transportation”

The Energy Law

At the Fourth Annual Liskow & Lewis Energy Law Lecture, Professor Jim Rossi of Vanderbilt Law delivered a presentation entitled “Federalism Battles in Energy Transportation.” Despite these differences, both means of transportation face legal hurdles that require consideration of federalism principles.

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Western District Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

QEP was the lessee of a mineral lease covering Plaintiffs’ property, but because it wanted to transport off-site gas across their property, QEP also obtained a pipeline servitude across Plaintiffs’ land.

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SAFE PIPES Act: 2016 Legislation Affecting PHMSA

The Energy Law

President Obama signed the Protecting our Infrastructure of Pipelines and Enhancing Safety Act or the SAFE PIPES Act into law on June 22, 2016. Importantly, the SAFE PIPES Act mandates the PHMSA provide a report to Congress within eighteen months studying the risks and safety recommendations for existing hazardous liquid pipelines.

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The Western District of Louisiana Holds that the Federal Energy Regulatory Commission’s Shipper Must Have Title Policy Creates No Private Right of Action

The Energy Law

sued the unit operator for breach of contract to recover transportation costs incurred as a result of alleged regulatory violations of the Federal Energy Regulatory Commission’s (“FERC”) Shipper-Must-Have-Title policy. As part of that regulatory authority, the FERC “establishes policies that govern interstate pipeline transportation.”

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