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Zoning Bulletin July 10, 2010 i Volume 4 I No. 13 <br />from the bans themselves. The City Council could employ any of those <br />land tools even if none were mentioned in the bans. Accordingly, the <br />Supergraphic and Off -Site Sign Bans were not unconstitutional prior <br />restraints on speech. <br />See also: Central Hudson Gas &Elec. Corp. v. Public Service Commis- <br />sion of New York, 447 U.S. 557, 100 S. Ct. 2343, 65 L. Ed. 2d 341, 6 <br />Media L. Rep. (BNA) 1497, 34 Pub. Util. Rep. 4th (PUR) 178 (1980). <br />See also: Metro Lights, L.L.C. v. City of Los Angeles, 551 F.3d 898 <br />(9th Cir. 2009), cert. denied, 130 S. Ct. 1014 (2009). <br />See also: Long Beach Area Peace Network v. City of Long Beach, 574 <br />F.3d 1011 (9th Cir. 2009), cert. denied, 130 S. Ct. 1569, 176 L. Ed. 2d <br />110 (2010). <br />Preemption —City Code imposes setback <br />distances for natural gas compressor stations <br />Natural gas company contends setback requirements are <br />preempted by the federal Pipeline Safety Act <br />Citation: Texas Midstream Gas Services, LLC v. City of Grand Prairie, <br />2010 WL 2168643 (5th Cir. 2010) <br />The Fifth U.S. Circuit has jurisdiction over Louisiana, Mississippi, and <br />Texas. <br />FIFTH U.S. CIRCUIT (TEXAS) (06/01/10)—This case concerned <br />municipal regulation of the siting, construction, and operation of a <br />natural gas compressor station. <br />The Background/Facts: Texas Midstream Gas Services LLC <br />("TMGS") installed and operated natural gas pipeline facilities. In <br />2007, TMGS announced plans to construct a natural gas pipeline and <br />compressor station in Grand Prairie, Texas (the "City"). Compressor <br />stations "dean and compress natural gas after extraction in anticipa- <br />tion of interstate transport." <br />"Apparently concerned by the prospect of a compressor station <br />within city limits," the City Council amended the City's Unified Devel- <br />opment Code ("UDC") to cover natural as compressor stations. Sec- <br />tion 10 of Article 4 of the UDC ("Section 10") required a Specific Use <br />Permit ("SUP") from the City to build and operate a natural gas com- <br />pressor station (the "SUP Requirement"). Among other things, the SUP <br />requirement required compressor stations comply with setback rules <br />(the "setback requirement"). <br />TMGS sued the City. Among other things, TMGS argued that Section <br />10: (1) infringed on its eminent domain rights; and (2) was preempted <br />by the federal Pipeline Safety Act ("PSA"), 49 U.S.C.A. §§ 60101-60137. <br />m 2010 Thomson Reuters 5 <br />91 <br />