ELR Citation: ELR 20080
No(s). 04-60041 (5th Cir. Apr 13, 2005)

The Fifth Circuit vacated the Federal Energy Regulatory Commission's (FERC's) decision that two natural gas pipelines perform a "transportation" function rather than a "gathering" function, thereby subjecting them to FERC jurisdiction's under the Natural Gas Act. Natural gas flows from gathering pipelines into the pipelines at issue, which then flow to another gathering pipeline. Given this scenario, it would be inconsistent to designate the pipelines at issue as transportational pipelines.