Lawsuit filed against City of Grand Prairie over pipeline ordinances
On Wednesday, Texas Midstream Gas Services filed lawsuit in federal court against the City of Grand Prairie saying pipeline safety is regulated by state and federal laws, not municipal ordinances. According to Security and Exchange Commission documents, Texas Midstream Gas Services is a subsidiary of Chesapeake Energy Corporation.
In court documents filed in the U. S. District Court for the Northern District of Texas with presiding Judge Sidney A. Fitzwater, Texas Midstream Gas Service states that on July 1, 2008 the Grand Prairie City Council passed amendments to Article 4 of the Unified Development Code which created a new Section 10 that sets requirements and standards relating to the building and design of natural gas compressor stations. These requirements include:
- Building setback requirements
- Design requirements, including but not limited to specific architectural plans
- Material used to build the compressors station
- Noise standards
- Mandatory provision requiring a security fence of no less than eight feet in height around the boundary of the compressor station
Texas Midstream Gas Services claims in the court filing, that the City of Grand Prairie is without authority to impose and enforce these ordinances. The United States Congress and the State of Texas, through the state’s Railroad Commission, set forth a uniform regulatory system for natural gas facilities involved in transporting commodities in interstate commerce. Only authorized federal agencies along with duly certified state agencies have the exclusive authority to impose standards regulating pipeline transportation and pipeline facilities.
The lawsuit is asking the court to issue a Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction prohibiting the City of Grand Prairie from enforcing its pipeline safety regulations.
