(United States Ninth Circuit) - In an action brought by a city against the Secretary of Transportation and the Pipeline and Hazardous Materials Safety Administration (Agency),alleging claims under the Natural Gas Pipeline Safety Act of 1968 and the Administrative Procedure Act, arising after a natural gas transmission pipeline exploded in San Bruno, or California causing multiple deaths and injuries and widespread damage to property,the district court's dismissal of the action is affirmed where the plain statutory language, the statutory structure, or the legislative history,the structure of similar federal statutes, and interpretations of similar statutory provisions by the Supreme Court and other circuits lead to the conclusion that the Pipeline Safety Act did not authorize mandamus-type citizen suits against the Agency.
Source: findlaw.com