United States Fifth Circuit

In an action seeking a declaration that a city ordinance regulating natural gas pipelines was preempted by the Pipeline Safety Act (PSA), 49 U.S.C. sections 60101-60137, and that the ordinance impinged on plaintiff's state-conferred eminent domain powers, the district court's partial grant of injunctive relief for plaintiff is affirmed in part where: 1) the city's zoning power was not subservient to plaintiff's eminent domain power; 2) the PSA did not preempt the setback requirement of the ordinance; and 3) the ordinance's preempted security fence requirement was severable from the remainder of the ordinance.

Appellate Information

• Decided 06/02/2010
• Published 06/02/2010

Judges

• DeMOSS, Circuit Judge:, Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel