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Canova v. Shell Pipeline Co.

The declaration of taking's statement that the pipeline easement is taken for use "in the establishment, management, and maintenance of the Strategic Petroleum Reserve" is not a restriction on the scope of the easement as an interest in land.

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Plaintiff-Appellant Carlo Canova is the owner of Louisiana land over which the United States acquired an easement for pipelines to access a storage facility in the Strategic Petroleum Reserve (SPR). Equilon Pipeline Company has leased the pipeline from the United States for commercial use. Canova *fn1 seeks to enjoin this use by Equilon. The district court granted judgment in favor of Equilon and the United States denying the relief requested by Canova. We affirm.

I. Background

In 1979, the United States Department of Energy exercised the power of eminent domain to acquire easements and property in a number of Louisiana parishes to facilitate the development of the Strategic Petroleum Reserve, as authorized by the Energy Policy and Conservation Act (EPCA).*fn2 Among the interests acquired was an easement across property belonging to Carlo Canova, necessary to the construction and operation of a thirty-seven mile pipeline connecting the government’s Bayou Choctaw Oil Storage Facility (consisting of underground salt dome caverns), and the government’s St. James Terminal facility on the Mississippi River.

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