Transcontinental Gas Pipeline Corp. v. Oil and Gas Board of Mississippi: the demise of state ratable-take requirements

Journal Article · Fri Jan 01 04:00:00 EST 1988 · J. Energy Law Policy; (United States)

OSTI ID:7052543

Frankenburg, K M

Natural gas was not widely used until the 1930s when the development of seamless pipe enabled gas to be delivered at high compression to markets far from the wellhead. Now the availability and relatively low cost of natural gas have resulted in its widespread use in both home heating and industry. Regulation of this important fuel is consequently a hotly debated issue. The scope and fundamental purpose of the Natural Gas and Policy Act of 1978 (NGPA) was recently the subject of the Supreme Court's opinion in Transcontinental Gas Pipeline Corp v. Oil and Gas Board of Mississippi (Transcontinental). In a five-to-four decision, the Court held that the NGPA pre-empted the enforcement of a state ratable-take requirement. This Note examines Justice Blackmun's majority opinion and the persuasive dissent presented by Justice Rehnquist in the court's decision. The effects of the decision, the Court's first interpretation of NPGA, will undoubtedly be quite significant.

• OSTI ID: 7052543
• Journal Information: J. Energy Law Policy; (United States), Journal Name: J. Energy Law Policy; (United States) Vol. 8:2; ISSN JELPE
• Country of Publication: United States
• Language: English

Related Subjects

03 NATURAL GAS
031000* -- Natural Gas-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
293000 -- Energy Planning & Policy-- Policy
Legislation
& Regulation
294003 -- Energy Planning & Policy-- Natural Gas
ECONOMIC IMPACT
ENERGY POLICY
FEDERAL REGION IV
GOVERNMENT POLICIES
INDUSTRY
LAWS
LAWSUITS
MISSISSIPPI
NATIONAL ENERGY ACT
NATURAL GAS INDUSTRY
NATURAL GAS POLICY ACT
NORTH AMERICA
PIPELINES
RATE STRUCTURE
REGULATIONS
STATE GOVERNMENT
USA