Pipeline operators keep coastal erosion fight in federal court

By Niina H. Farah | 01/27/2025 06:46 AM EST

A three-judge panel on Friday rejected efforts by New Orleans to return the case to state court.

A man walks in front of the 5th U.S. Circuit Court of Appeals in New Orleans.

A man walks in front of the 5th U.S. Circuit Court of Appeals on Jan. 7, 2015, in New Orleans. Jonathan Bachman/AP

The city of New Orleans has lost its bid to sue pipeline operators for coastal erosion in state court.

On Friday, the 5th U.S. Circuit Court of Appeals said a lower bench got it right when it allowed pipeline operators to move litigation over whether oil and gas production activity damaged the city’s coastal zone to the federal bench.

The district court “did not err in denying the City’s motion to remand,” said Judge Carl Stewart, writing the opinion of the court. Judge Jerry Smith, a Reagan pick, and Judge Kyle Duncan, a Trump pick, also joined the opinion.

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Attorneys for the city alleged the companies had violated Louisiana’s State and Local Coastal Resources Management Act of 1978. The law, which went into effect in 1980, requires companies to acquire a coast use permit if they are operating within the state’s coastal zone.

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