United States Fifth Circuit

The donation of a pipeline right-of-way to the Government did not restrict the Government's ability to lease the pipeline to defendant, because the donation was not conditioned on the exclusive use of the pipeline for Strategic Petroleum Reserve (SPR) purposes, and in any event, the purposes of the SPR are served by defendant's maintenance of the pipeline under the lease.

Appellate Information

• Decided 10/25/2002
• Published 10/25/2002

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, SMITH and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Timothy O'Dowd (argued), Hunter, Blazier O'Dowd, Lake Charles, LA, Gregory J. Logan, The Logan Law Firm, Lafayette, LA, for Plaintiff-Appellant., Kathryn E. Kovacs (argued), U.S. Dept. of Justice, Environment & Natural Resources, John Patrick Almeida, David Jack Lazerwitz, U.S. Dept. of Justice, Paul T. Michael, U.S. Dept. of Energy, Washington, DC, Lansen C. Barrow, U.S. Dept. of Energy, New Orleans, LA, for U.S. Dept. of Energy.


• For Appellees:
  
• Joe B. Norman (argued), Cheryl M. Kornick, Liskow & Lewis, New Orleans, LA, for Defendant-Appellee.