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CITY AND COUNTY OF SF v. U.S. DEPT. OF TRANSP.

No. 13-15855.

796 F.3d 993 (2015)

CITY AND COUNTY OF SAN FRANCISCO, Plaintiff-Appellant, v. U.S. DEPARTMENT OF TRANSPORTATION; Anthony Foxx, in his official capacity as Secretary, Department of Transportation; Pipeline & Hazardous Materials Safety Administration; Marie Therese Dominguez, in her official capacity as Deputy Administrator of Pipeline & Hazardous Materials Safety Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 30, 2015.

Attorney(s) appearing for the Case

Christine Van Aken (argued), Kristine A. Poplawski , Owen J. Clements , and Dennis J. Herrera , City Attorney's Office for the City and County of San Francisco, San Francisco, CA, for Plaintiff-Appellant.

Patrick G. Nemeroff (argued), Mark B. Stern , André Birotte, Jr. , and Stuart F. Delery , United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Glenn Vanzura and Lee A. Linderman , Irell & Manella LLP, Los Angeles, CA, for Amicus Curiae Pipeline Safety Trust.

Before: SIDNEY R. THOMAS, Chief Judge, JOHN B. OWENS, Circuit Judge, and ANTHONY J. BATTAGLIA, District Judge.

OPINION

On September 9, 2010, a natural gas transmission pipeline owned and operated by Pacific Gas & Electric Company ("PG & E") ruptured in San Bruno, California. The ensuing explosion and fire killed eight people, injured dozens more, and caused widespread damage to property. Fearing a recurrence, the City...

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