Professional Documents
Culture Documents
_______________
In The
Michael F. Faherty
Counsel of Record
Faherty Law Firm
75 Cedar Avenue
Hershey, PA 17033
(717) 256-3000
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Also commonly referred to as the Pipeline Safety Act of 1979 (PSA).
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LIST OF PARTIES
TABLE OF CONTENTS
TABLE OF AUTHORITIES
Cases
OPINIONS BELOW
JURISDICTION
49 C.F.R. § 195.2
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49 C.F.R. § 195.2
49 C.F.R. § 195.2
natural gas via the Natural Gas Act but did not
provide eminent domain power for pipeline companies
to transport hazardous liquids such as those at issue
here. The Federal government, via FERC regulations
and various court decisions have defined such
interstate pipelines as within exclusive federal
jurisdiction. The Commonwealth Court of
Pennsylvania overreached when it redefined an
interstate pipeline, which lacks eminent domain
authority, to be intrastate so as to allow state eminent
domain power. The Pennsylvania Commonwealth
Court decision conflicts with circuit decisions and a
decision of the Supreme Court of Maine.
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The Pennsylvania Supreme Court is the highest court of the
Commonwealth of Pennsylvania; however, that court denied
discretionary review on January 22, 2018.
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CONCLUSION
Respectfully Submitted,
Michael F. Faherty
Counsel of Record
Faherty Law Firm
75 Cedar Avenue
Hershey, PA 17033
(717) 256-3000
Attorney for Petitioner