April 14, 2005
Interpretation: "Gather" v. "Transport"
The Fifth Circuit issued a new decision yesterday wiith a nice interpretation issue. True, it’s statutory, not contractual, but it’s interesting to watch the court try to figure out whether a particular 10-mile pipeline "transports" natural gas—which means it’s regulated by the feds—or only "gathers" it. The court finds FERC’s decision on the point to be wrong. The decision is Jupiter Energy Corp. v. FERC, No. 04-60041 (5th Cir. Apr. 12, 2005).
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