One of the country’s biggest pipeline companies is expanding its challenge to the way the federal government’s pipeline safety regulations are enforced, saying the current system is unconstitutional.
Dallas-based Energy Transfer says the Pipeline and Hazardous Materials Safety Administration’s in-house enforcement system deprives it of the right to a jury trial when it is accused of violations. The company filed its latest legal challenge Tuesday in the U.S. District Court for the Northern District of Texas.
“Congress impermissibly delegated legislative power to the Department of Transportation and PHMSA, necessarily rendering any enforcement proceeding arising under the Pipeline Safety Act null and void,” Energy Transfer said in a filing submitted by George Kryder of the Vinson & Elkins law firm.
If the company is successful in forcing federal regulators to bring more cases to district court, it could lead to fewer penalties to deter the safety violations that can lead to leaks, explosions and worker fatalities. It is part of a broader conservative push to diminish the regulatory powers of the federal government.
