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TEXAS PIPELINE ASS'N v. F.E.R.C.

No. 10-60066.

661 F.3d 258 (2011)

TEXAS PIPELINE ASSOCIATION; Railroad Commission of Texas, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

October 24, 2011.

Attorney(s) appearing for the Case

Paul Korman (argued), Van Ness Feldman , P.C., Washington, DC, James Patrick Sullivan , Asst. Sol. Gen. (argued), Douglas Burt Fraser , Asst. Atty. Gen., Environmental Protection & Administrative Law Div., Austin, TX, for Petitioners.

Robert Harris Solomon , Sol. (argued), Beth Guralnick Pacella , Samuel Soopper , FERC, Washington, DC, for Respondent.

Before SMITH, BENAVIDES and HAYNES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The Texas Pipeline Association and the Railroad Commission of Texas petition for review of Order Nos. 720 and 720-A of the Federal Energy Regulatory Commission ("FERC"). We grant review and vacate both orders because they exceed the scope of FERC's authority under the Natural Gas Act of 1938 ("NGA"), 15 U.S.C. § 717.

I.

Congress regulates the natural gas industry primarily through the NGA, which gives FERC extensive...

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