U.S. Court of Appeals for the Fifth Circuit

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August 14, 2017

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U.S. Chamber urges Fifth Circuit to review overbroad DOT enforcement decision from oil spill

September 07, 2016

The U.S. Chamber urged the Fifth Circuit to reject the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration’s (“PHMSA”) new (and strained) interpretation of a prior regulation addressing the measures required to prevent pipeline leaks. The amicus brief argued that the new PHMSA interpretation should have gone through notice-and-comment rulemaking, and that it unlawfully imposed civil penalties without fair notice. The Chamber warned that if the court defers to PHMSA’s unjustified interpretation of its own regulation, it will send a troubling signal that the government is free to radically alter its own regulations without going through the necessary procedures.

Christopher J. Walker served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Counsel.

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