The 5th Circuit U.S. Court of Appeals reversed several key aspects of a PHMSA Final Order in a recent opinion issued on August 14, 2017. That decision is significant for the fact that few final actions by this agency have been presented for judicial review, and, of those, even fewer have been successful.  The decision is based on a complex set of facts and legal issues that went through several years of administrative appeals before the agency.  As with most complex cases, many of the factual issues were unique, and are not likely to be repeated.  There are a few larger, procedural themes to be gleaned from the decision that apply more broadly, however, both to this agency and administrative law generally.

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