CITGO Petroleum Co. v. Louisiana Public Service Commission

Summary

The Louisiana Supreme Court considered consolidated appeals and supervisory writ applications arising from Louisiana Public Service Commission proceedings concerning pilotage fees and tariffs. The court held that Act 902 of the 2004 Regular Legislative Session divested the Commission of authority to set the unresolved pilotage rates, rendering the issues moot. The writs and motion to dismiss the appeals were denied, and the matter was remanded to the newly created Pilotage Fee Commission.

Holdings

1. The Supreme Court has appellate jurisdiction under La. Const. art. IV, § 21(E) because the constitutional language is plain and unambiguous, granting a direct appeal from any judgment of the district court reviewing LPSC action.
2. The issues are moot because Act 902 divested the LPSC of authority to set pilotage fees effective January 1, 2005, and any decision by the court would be advisory.

Questions Presented

1. Whether the Supreme Court should exercise appellate and/or supervisory jurisdiction over the district court's judgment.
2. If jurisdiction exists, whether a justiciable controversy remains in light of the enactment of Act No. 902 of the 2004 Regular Legislative Session.

Disposition

remanded