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TEXAS MIDSTREAM GAS SERV. v. CITY OF GRAND PRAIRIE

No. 08-11200.

608 F.3d 200 (2010)

TEXAS MIDSTREAM GAS SERVICES, LLC, Plaintiff-Appellant, v. CITY OF GRAND PRAIRIE; Rob Ard, in his official capacity as Chief Building Official of the City of Grand Prairie; Ron McCuller, in his official capacity as Director of Public Works of the City of Grand Prairie; Romin Khavari, in his official capacity as City Engineer of the City of Grand Prairie; Joe Sherwin, in his official capacity as Floodplain Administrator of the City of Grand Prairie, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 1, 2010.

Attorney(s) appearing for the Case

Michael Lee Knapek, Jr. (argued), Scott M. McElhaney, Jackson Walker, L.L.P., Dallas, TX, for Plaintiff-Appellant.

Maurice Ladale Brimmage, Jr., Layne Steven Keele, Benjamin Lee Mesches (argued), Aimee Michelle Minick, Haynes & Boone, L.L.P., Dallas, TX, for Defendants-Appellees.

Before GARZA, DeMOSS and CLEMENT, Circuit Judges.

DeMOSS, Circuit Judge:

This appeal concerns municipal regulation of the siting, construction, and operation of a natural gas compressor station. We weigh jurisdictional and jurisprudential concerns before addressing the merits, which implicate federalism and the interplay between state and local authority under Texas law. We affirm the judgment of the district court denying injunctive relief in part and granting relief in part.

I.

Plaintiff-Appellant...

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