Federal Judiciary

Court Finds Hydrogen Is a Gas; Thus Pipeline Easement Permits Its Transportation

By Michael Smith

Wingate v. Air Products, Inc., 2004 WL 5571001(E.D.Tex. Dec 20, 2004) (NO. CIV.A.1:04-CV-124) Judge: Ron Clark
Holding: Defendant's Motion for Summary Judgment GRANTED
Plaintiff Mr. Jim Wingate (?Wingate?) owns land burdened by a pipeline easement created in 1942.  Plaintiff filed an original petition in the 58th Judicial District Court in Jefferson County seeking declaratory and injunctive relief to prevent Air Products, Inc. from transporting hydrogen in a pipeline running through Plaintiff's property and from entering Plaintiff's property. This case was removed to federal court based on diversity jurisdiction and the fraudulent joinder of Duane ?Dewey? Johnson. Plaintiff's motion to remand was denied, and the parties filed cross motions for summary judgment.
Plaintiff argued that the parties never intended hydrogen to be transported in the 1942 easement because it was not possible at the time, and thus that the easement didn't permit hydrogen transportation.  Judge Clark held that transporting gas was within the original purpose of the easement, and hydrogen is a gas, therefore the defendant's SJ motion was the one to grant.

Full post as published by Eastern District of Texas Federal Court Practice on May 02, 2008 (boomark / email).