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09-4031 - Colorado Interstate Gas Company v. Wright et al


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09-4031 - Colorado Interstate Gas Company v. Wright et al
April 13, 2010
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MEMORANDUM AND ORDER. The court grants the 24 Motion of defendants' for leave to file surreply; grants 19 Motion of plaintiff for summary judgment; and denies the 23 Cross-Motion of defendants' for summary judgment. It is further ordered that the Kansas Gas Storage Statutes, K.S.A. §§ 55-1, 115 and 55-182(a), and the Kansas Gas Storage Regulations, §§ 82-3-105, 82-3-113, 82-3-114, 82-3-117, 82-3-120, and 82-3-1000 thru 82-3-1012, are found to violate the Supremacy Clause, to be pre-empted by the NGA and the PSA, and to have no force or effect on the plaintiff's interstate natural gas pipeline, storage facilities and transportation at CIG's Boehm Underground Gas Storage Field. It is further ordered that the clerk of the court shall enter this declaratory judgment for the plaintiff and against the defendants, with costs taxed to the defendant. Because the plaintiff's brief fails to address and establish the present need for injunctive relief, the court will not grant the same at this time, but will be permitted to renew this request should declaratory relief later prove to be an inadequate remedy. See attached for more details. Signed by U.S. District Senior Judge Sam A. Crow on 4/13/10. (bmw)