Plaintiff filed a lawsuit for trespass against defendant, which owns and operates a pipeline carrying oil and natural gas between the United States and Canada, after the defendant’s right-of-way across certain portions of the plaintiff’s land expired. Plaintiff also alleged federal common law nuisance based on a risk of a line rupture. The district court found for the plaintiff and awarded past restitution as well as ordered that defendant remove the pipeline from the affected parcels. The district court also ordered defendant to adopt a proactive plan for monitoring and responding to the risk of pipeline exposure. Both parties appealed. The Seventh Circuit agreed that defendant was trespassing but remanded with directions for the district court to refashion the remedies it imposed for the violation. The Seventh Circuit further concluded that federal statutory law displaced the plaintiff’s nuisance claim. (EASTERBROOK and ST. EVE, concurring)
Federal 7th Circuit Court
Civil Court
Trespass