United States DC Circuit

Agency's discretionary decision to settle an enforcement action is nonreviewable under the Administrative Procedures Act, 5 USC 701(a)(2) and Heckler v. Chaney.

Appellate Information

• Argued 05/04/2001
• Decided 06/15/2001
• Published 06/15/2001

Judges

• Before:  EDWARDS, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Peter C. Lesch argued the cause for petitioners.   With him on the briefs were Jennifer N. Waters, Stanley W. Balis, John F. Harrington, Kevin J. McKeon, John K. Keane, Jr. and Paul S. Buckley.  Jeffrey A. Gollomp and Lillian S. Harris entered appearances., Marilyn L. Doria,Sanford M. Saunders, Jr., Stephen R. Melton and Kurt L. Krieger were on the brief for intervenors Columbia Gulf Transmission Corporation and Columbia Gulf Transmission Company.  Robin M. Nuschler entered an appearance.


• For Appellees:
  
• Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief was Dennis Lane, Solicitor.