Enable MS River Transmission v. Nadel & Gussman, No. 16-30269 (5th Cir. 2016)Annotate this Case
Enable, operator of a federally regulated natural gas storage facility, filed suit against Nadel, alleging that a natural gas well operated by Nadel was producing gas from this storage facility. The district court dismissed for lack of subject matter jurisdiction. The court joined its sister circuits and declined to extend the federal exclusivity provision of the Natural Gas Act (NGA), 15 U.S.C. 717 et seq., to cover claims of interference with duties under the NGA against defendants who have no statutory duties of their own under the Act. Therefore, the court lacks subject matter jurisdiction to hear the underlying suit and affirmed the district court's dismissal of the complaint. The court denied as moot Enable's motion to disqualify Nadel's counsel.