City & County of San Francisco v. U.S. Department of Transportation

On September 9, 2010, a natural gas transmission pipeline owned and operated by Pacific Gas & Electric Company (“PG & E”) ruptured in San Bruno, California. The ensuing explosion and fire killed eight people, injured dozens more, and caused widespread damage to property. Fearing a recurrence, the City and County of San Francisco (“San Francisco”) filed suit against the Secretary of Transportation (“Secretary”) and the Pipeline and Hazardous , Materials Safety Administration (“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. (“Pipeline Safety Act”).

Under the Pipeline Safety Act, the Agency promulgates minimum federal safety standards for natural gas pipelines and pipeline facilities. The California Pub- lie Utility Commission (“CPUC”) has assumed jurisdiction to regulate and enforce the Pipeline Safety Act’s requirements as to intrastate pipelines within California. San Francisco alleges that the Agency violated the Pipeline Safety Act when it approved the CPUC’s certification that its regulatory activities meet the minimum federal standards set by the Agency, and when it disbursed funding…