Industry objects to private lawsuits in draft pipeline safety bill, as Senate moves its version

摘要

As the House Energy and Commerce subcommittee on energy and power began consideration of a draft pipeline safety bill March 1, debate focused on a provision to allow private lawsuits in district courts in order to compel action by the Pipeline and Hazardous Materials Safety Administration. Supporters of that measure, such as full committee Democratic Ranking Member Frank Pallone of New Jersey, said it was needed to address a flawed reading of the 2002 pipelines safety act reauthorization by the 9th US Circuit Court of Appeals. “The law always contemplated madamus-type suits to ensure PHMSA does its job,” he said, adding the language was added to the act in 2002 as part of a whistleblower protection provision. Yet multiple industry groups testified in opposition to the language, in some cases warning they might oppose the overall bill if that were to be included.