Texas Pipeline Association

The firm represented the Texas Pipeline Association in its successful Fifth Circuit appeal in Texas Pipeline Association v. Federal Energy Regulatory Commission, 661 F. 2d 258 (5th Cir. 2011). The resulting decision thwarted FERC’s efforts to significantly expand its jurisdiction and impose substantial additional costs on the industry. The FERC promulgated a rule requiring major intrastate natural gas pipelines, not normally subject to FERC jurisdiction, to post certain operational information. Van Ness Feldman’s Paul Korman led the team representing the Association and successfully argued the case. The court ruled that FERC’s orders “unambiguously exceeded the Commission’s authority” under the Natural Gas Act and vacated the Commission’s order as opposed to remanding the case for further proceedings.