Texas Preemption Decision

Local regulation of E&P activities is a hot topic around the country.  In the context of a preliminary injunction request, the U.S. District Court for the Northern District of Texas recently held that the federal Pipeline Safety Act did not preempt (in large part) a local government’s zoning requirements because they regulated the aesthetics of a natural gas compressor station, and not its safety.  See Texas Midstream Gas Services, LLC v. City of Grand Prairie.