Case Updates
Outcome
August 14, 2017
Click here to view the opinion.
U.S. Chamber urges Fifth Circuit to review overbroad DOT enforcement decision from oil spill
September 07, 2016
The U.S. Chamber urged the Fifth Circuit to reject the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration’s (“PHMSA”) new (and strained) interpretation of a prior regulation addressing the measures required to prevent pipeline leaks. The amicus brief argued that the new PHMSA interpretation should have gone through notice-and-comment rulemaking, and that it unlawfully imposed civil penalties without fair notice. The Chamber warned that if the court defers to PHMSA’s unjustified interpretation of its own regulation, it will send a troubling signal that the government is free to radically alter its own regulations without going through the necessary procedures.
Christopher J. Walker served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Counsel.
Case Documents
- Respondent's Pre-Hearing Brief -- In the Matter of ExxonMobil Pipeline Company (DOT PHMSA, Office of Pipeline Safety).pdf
- Respondent's Post Hearing Brief -- In the Matter of ExxonMobil Pipeline Company (DOT PHMSA, Office of Pipeline Safety)_0.pdf
- PHMSA Order -- ExxonMobil Pipeline Company v. DOT Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety (Fifth Circuit)_0.pdf
- Decision on Petition for Reconsideration -- In the Matter of ExxonMobil Pipeline Company (DOT PHMSA, Office of Pipeline Safety).pdf
- U.S. Chamber Amicus Brief -- ExxonMobil Pipeline Company v. DOT Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety (Fifth Circuit).pdf
- Opinion -- ExxonMobil Pipeline Company v. DOT Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety (Fifth Circuit).pdf