Natural Gas Act: Preemption; Filed Rate Doctrine

摘要

Following Hurricane Ike in the Gulf of Mexico in mid-September 2008, defendant's gas transportation facilities on the OCS are badly damaged and are shut-in until repairs are completed as much as fifteen months later. In May, 2009 plaintiff files suit against the defendant pipeline in state district court It claims damages against defendant for negligence, detrimental reliance, negligent misrepresentation, fraud, and violations of Louisiana's Unfair Trade Practices Act (LUTPA). The gist of plaintiff's claims relate to alleged misrpresentations made by the defendant as to when the defendant would be ready to resume transportation to its pipeline. The defendant removes the case to federal court under diversity jurisdiction and jurisdiction under the OCS Lands Act, 43 U.S.C. § 1349(b)(1) and 28 U.S.C. § 1331. The defendant seeks dismissal of plaintiff's claims on grounds that they are preempted by the Natural Gas Act, 15 U.S.C. § 717, et seq., or, alternatively, by the filed rate doctrine. The district judge here grants the defendant's motion. The court relies on Schneidewind v. ANR Pipeline Co., 485 U.S. 293,103 0.&G.R. 56 (1988) and Northern Natural Gas Co. v. State Corporation Commission, 372 U.S. 84,17 0.&G.R. 661 (1963), to find that FERC regulation of the defendant's tariff schedule preempts state common law tort claims relating to an interruption in service following Hurricane Eke. Held: affirmed. The Fifth Circuit does not comment on the district court's implied preemption by occupation of the field analysis instead affirming the district court's opinion based on the application of the filed rate doctrine.