AIR LIQUIDE AM. CORP. v. US ARMY CORPS OF ENG'RS, 02-20442
District court improperly allocated the cost of relocating privately owned pipelines to the Port of Houston Authority. Since the relocation was part of a project to widen and deepen the Houston Ship Channel, the Army properly exercised its navigational servitude over the pipelines and waterway in requiring plaintiff-owners to pay for the relocation.
- Decided 01/30/2004
- Published 01/30/2004
RHESA HAWKINS BARKSDALE, Circuit Judge:, Before BARKSDALE, DeMOSS and BENAVIDES, Circuit Judges.
United States Fifth Circuit
Osborne J. Dykes (argued), David Wilks Corban, William Joseph Boyce, Fulbright & Jaworski, Houston, TX, for Plaintiffs., T. Christopher Trent, Eileen K. Wilson, R. Todd Marshall, Johnson, Spalding, Doyle, West & Trent, Houston, TX, for Intervenors., Richard H. Caldwell (argued), Gene L. Locke, Dillon James Ferguson, Andrews & Kurth, Craig Smyser, Larry R. Veselka, Smyser, Kaplan & Veselka, Houston, TX, for Port of Houston Auth. of Harris Cty., TX., Fred R. Disheroon (argued), William Brandt Lazarus, John A. Bryson, U.S. Dept. of Justice, Environment & Natural Resources, Washington, DC, for U.S. Army Corps of Engineers.