ANR PIPELINE CO. v. IOWA STATE COMMERCE COM'N

Nos. 86-2200, 86-2235.

828 F.2d 465 (1987)

ANR PIPELINE COMPANY, Appellee, v. IOWA STATE COMMERCE COMMISSION, Andrew Varley, individually and in his official capacity as Commissioner, Christine Hansen, individually and in her official capacity as Commissioner, Paul Franzenburg, individually and in his official capacity as Commissioner, Appellants. Office of Consumer Advocate. ANR PIPELINE COMPANY, Appellee, v. IOWA STATE COMMERCE COMMISSION, Andrew Varley, individually and in his official capacity as Commissioner, Christine Hansen, individually and in her official capacity as Commissioner, Paul Franzenburg, individually and in his official capacity as Commissioner, Office of Consumer Advocate, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 8, 1987.

Rehearing and Rehearing Denied October 23, 1987.


Attorney(s) appearing for the Case

Patrick J. Nugent, Des Moines, Iowa, for Iowa State Commerce Commission, et al.

Ronald C. Polle, Des Moines, Iowa, for Office of Consumer Advocate.

Richard A. Davidson, Davenport, Iowa, for appellee.

Before HEANEY, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and BOWMAN, Circuit Judge.


Rehearing and Rehearing En Banc Denied October 23, 1987.

BOWMAN, Circuit Judge.

This case requires us to decide whether, and to what extent, the Natural Gas Pipeline Safety Act (NGPSA), 49 U.S.C. §§ 1671-1686, preempts an Iowa statute designed to regulate the construction and operation of pipelines transporting natural gas in and through the state. Plaintiff ANR Pipeline Company (ANR) raises a challenge under the Supremacy Clause

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