Pipeline Safety Act: Federal Premption

摘要

Plaintiff Consolidated Land Co., owns coal estates in Monroe County, Ohio. American has leased the right to mine the coal, including the right to use longwall mining techniques. American operates a mine pursuant to a Ohio Department of Natural Resources permit. Texas Eastern is an interstate pipeline that operates pursuant to FERC certificates of public convenience and necessity under the Natural Gas Act. It operates three active pipelines in the vicinity of American's mining operations. American, in addition, to owning the mining rights also owns the support right giving it the power to cause surface subsidence without having to compensate the surface owner. American is seeking to expand its mining operations underneath several of Texas Eastern's pipelines.