United States Fifth Circuit

Oil company was entitled to use the FERC tariff rate to calculate transportation costs for all of the oil at issue, and Dept. of Interior's decision denying using the tariff rate was a new substantive rule that required notice and comment before implementation.

Appellate Information

• Decided 01/12/2001
• Published 01/12/2001

Judges

• GARWOOD, Circuit Judge:, Before GARWOOD, HIGGINBOTHAM and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• James Berry St. John, Jr. (argued), Jonathan Andrew Hunter, Jana Louise Grauberger, Liskow & Lewis, New Orleans, LA, for Plaintiffs-Appellants-Cross-Appellees., David Jack Lazerwitz (argued), John A. Bryson, U.S. Dept. of Justice, Appellate Section, Washington, DC, for Defendants-Appellees-Cross-Appellants.