Out Of Sight, Out Of Mind:
What Every Local Government Should Know About Pipeline Safety

TABLE OF CONTENTS:

I. INTRODUCTION
II. THE PROBLEM OF PIPELINE SAFETY
III. THE REGULATORY FRAMEWORK
IV. SURVEY OF FEDERAL CASE LAW
V. THE EXPERIENCE OF THREE LOCAL GOVERNMENTS
VI. RECOMMENDATIONS
VII. CONCLUSION
VIII. CITATIONS

Local governments have rarely concerned themselves with the safety or environmental hazards posed by pipelines running under their city streets or waterways or through their neighborhoods. Pipeline accidents, like airline crashes or train wrecks, have generally been viewed as federal responsibilities. But this "hands-off" attitude of local governments is changing. An increasing number of localities, devastated by pipeline accidents that appear unpredictable and whose local impacts are catastrophic, have become impatient with a federal regulatory system that has failed to correct long recognized safety hazards and to penalize violators of federal law. State and local governments are beginning to join together in demanding a greater voice in pipeline regulation and in seeking fundamental reforms in the existing federal approach to pipeline safety.

This paper discusses the emerging trend toward greater local involvement in such issues. It describes the increasing risks to safety and the environment from pipeline accidents, primarily due to population growth and intense development close to transmission pipelines that are no longer located in remote, rural areas. It outlines the existing regulatory framework for pipeline safety and why it has prompted strong local concerns. It surveys federal case law on pipeline safety and explains how preemption has largely restricted state and local governments from adopting their own regulations or taking a tougher enforcement posture toward pipeline operators. It describes the experiences of three local governments that have suffered catastrophic pipeline accidents and as a result, have launched their own pipeline initiatives. Finally, the author suggests several specific recommendations that all local governments potentially impacted by major pipeline accidents should take to protect their citizens and the environment.