U.S. Court of Appeals for the Fifth Circuit, 1971

United Gas Pipe Line Company v. Terrebonne Parish Police Jury

U.S. Court of Appeals for the Fifth Circuit · Decided July 14, 1971 · Brown, Gewin, Morgan

445 F.2d 301 (Federal Reporter, Second Series)

Counsel

Wilmore J. Broussard, Jr., Dist. Atty., Houma, La., Bernard L. Knobloch, Asst. Dist. Atty., Thibodaux, La., for defendant-appellant., Ray A. Barlow, Shreveport, La., Frank W. Wurzlow, Jr., Houma, La., for plaintiff-appellee.

Cases that cite this one

15 later published cases cite this decision. The 14 that cite it most often are listed here.

Texas Midstream Gas Services, LLC v. City of Grand Prairie (5th Cir. 2010)
Shell Oil Company, a Delaware Corp., Plaintiff-Appellant-Cross-Appellee v. City of Santa Monica, a Municipal Corp., Defendant-Appellee-Cross-Appellant (9th Cir. 1987)
Colorado Interstate Gas Co. v. Wright (District Court, D. Kansas 2010)
Tenneco Oil Co. v. Board of Com'rs (La. Ct. App. 1990)
ANR Pipeline Co. v. Iowa State Commerce Commission (8th Cir. 1987)
Natural Gas Pipeline Company of America v. Railroad Commission of Texas (5th Cir. 1982)
Northern Border Pipeline Co. v. JACKSON CTY., ETC. (D. Minn. 1981)
Natural Gas Pipeline Co. of Amer. v. Iowa State Com. Com'n (District Court, S.D. Iowa 1974)
Thomas A. Donelon, Charles J. Eagan, Jr. v. New Orleans Terminal Company and Federal Railroad Administration of the Department of Transportation (5th Cir. 1973)
Tenneco Inc. v. Public Service Commission Of West Virginia (4th Cir. 1973)
Tenneco, Inc. v. PUBLIC SERVICE COM'N OF WEST VIRGINIA (District Court, S.D. West Virginia 1973)
Pereira v. New England LNG Co., Inc. (Mass. 1973)
Tenneco Inc. v. Public Service Commission of West Virginia (4th Cir. 1973)
United Gas Pipe Line Co. v. Lafourche Parish Police Jury (United States District Court Eastern District of Louisiana 1972)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

In this cause we agree with the judgment and conclusion of the District Court, 319 F.Supp. 1138, that Terrebonne Parish Police Jury cannot require, as a condition to the issuance of a construction permit to construct, maintain and operate an interstate gas transmission pipeline under a public road within the Parish, that the gas pipe line company pay the cost of relocating, altering or removing pipelines of the Gas Pipe Line Company (appellee) outside of the highway or road right-of-way. We are likewise in agreement with the conclusion of the District Court that the Ordinance under consideration is invalid and is not severable. It is our opinion that the Ordinance is in conflict with the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 1671 et seq. (see also Natural Gas Act, 15 U.S.C. § 717 et seq.). Under *302 the terms of said Act, it appears that the Gas Pipe Line Company (appellee) has offered to comply with all conditions which the Parish Police Jury could reasonably require of it. We do not hold that the Parish Police Jury cannot enact a valid ordinance requiring permits with reasonable conditions.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.