United States Fourth Circuit

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Washington Gas Light Company v. Prince George's County Council, 12-1443

Judgment of the district court in favor of defendants in suit challenging their denial of plaintiff's request to expand its gas substation is affirmed, where: 1) the district court did not abuse its discretion in dismissing the mandatory referral claim pursuant to the abstention doctrine of Burford; 2) the Natural Gas Pipeline Safety Act (PSA) does not preempt the County Zoning Plans because the PSA only preempts safety regulations and the County Zoning Plans are not safety regulations; and 3) the Natural Gas Act (NGA) does not preempt the County Zoning Plans because plaintiff is a local distributor of natural gas and, therefore, is not subject to the NGA.

Appellate Information

  • Decided 03/25/2013
  • Published 03/25/2013

Judges

  • THACKER

Court

  • United States Fourth Circuit

Counsel

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