City & Cnty. of San Francisco v. U.S. D.O.T., No. 13-15855 (9th Cir. 2015)
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After PG&E's natural gas pipeline ruptured in San Bruno, killing and injuring several people, San Francisco filed suit against the Agency, alleging that the Agency failed to comply with the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. 60101 et seq. The court concluded that the plain statutory language, the statutory structure, the legislative history, the structure of similar
federal statutes, and interpretations of similar statutory provisions by the Supreme Court and its sister circuits lead to the conclusion that the Pipeline Safety Act does not authorize mandamus-type citizen suits against the Agency. The court also concluded that San Francisco's claims that the Agency violated the Administrative Procedures Act (APA), 5 U.S.C. 701(a)(2), by unlawfully withholding the action of deciding whether the CPUC adequately enforces federal pipeline safety standards, and arbitrarily and capriciously approving the CPUC’s certification and providing federal funding to the CPUC, were not cognizable under the APA. Accordingly, the court affirmed the district court's dismissal of the suit.
Court Description: Natural Gas Pipeline Safety Act. The panel affirmed the district court’s dismissal of an action brought by the City and County of San Francisco against the Secretary of Transportation and the Pipeline and Hazardous Materials Safety Administration (the “Agency”), alleging claims under the Natural Gas Pipeline Safety Act of 1968 and the Administrative Procedure Act, arising after a natural gas transmission pipeline exploded in San Bruno, California, causing multiple deaths and injuries and widespread damage to property. The panel held that the plain statutory language, the statutory structure, the legislative history, the structure of similar federal statutes, and interpretations of similar statutory provisions by the Supreme Court and other circuits led to its conclusion that the Pipeline Safety Act did not authorize mandamus-type citizen suits against the Agency. CITY & CTY. OF SAN FRANCISCO V. U.S. D.O.T. 3 The panel held that San Francisco’s claims – that the Agency violated the Administrative Procedure Act by (1) unlawfully withholding the action of deciding whether the California Public Utility Commission adequately enforced federal pipeline safety standards, and (2) arbitrarily and capriciously approving the Commission’s certification and providing federal funding to the Commission – were not cognizable under the Administrative Procedure Act.
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