Legal Opinion

ExxonMobil Pipeline Co. v. United States Department of Transportation

Court of Appeals for the Fifth Circuit

Decided August 14, 2017No. 16-60448PublishedCited by 20 opinions

1Opinion of the Court

JENNIFER WALKER ELROD, Circuit Judge:

ExxonMobil Pipeline Company petitions for review of a Pipeline and Hazardous Materials Safety Administration order following the release of several thousand barrels of crude oil from a pipeline it owned and operated. ExxonMobil specifically challenges Items 1-4, 7, and 8 of the agency’s final order. We vacate Items 1-4 and 7 and affirm the agency with regard to Item 8 but remand with an instruction to reevaluate the basis for the penalty associated with this violation.

I. Background

The 859-mile long Pegasus Pipeline transports crude oil from Patoka,…

2Cases cited27 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. United States v. Mead Corp.Supreme Court of the United States · 2001
  5. Auer v. RobbinsSupreme Court of the United States · 1997

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3Cited by20 opinions

  1. State of Louisiana v. DOECourt of Appeals for the Fifth Circuit · 2024
  2. Ft Bend Cty v. US Army CorpsCourt of Appeals for the Fifth Circuit · 2023
  3. Mark Silguero v. CSL Plasma, IncorporatedCourt of Appeals for the Fifth Circuit · 2018
  4. Tex. Educ. Agency v. U.S. Dep't of Educ.Court of Appeals for the Fifth Circuit · 2018
  5. Worldcall Interconnect, Inc. v. Fed. Commc'ns Comm'nCourt of Appeals for the Fifth Circuit · 2018

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