Terrebonne Parish School Board v. Koch Gateway Pipeline Co.

| CALOGERO, Chief Justice,

concurring in the denial.

Plaintiff in this case seeks an injunction to provide for the shut-down and removal of a natural gas pipeline maintained by the defendant. Defendant filed an exception of lack of subject matter jurisdiction alleging, inter alia, that the Federal Energy Regulatory Commission (“FERC”) enjoys exclusive jurisdiction over the pipeline at issue here under the Natural Gas Act, 15 U.S.C. §§ 717-717w. The trial court overruled the exception and the court of appeal denied the writ application of the defendant. I write separately from this court’s…