United States DC Circuit

The Outer Continental Shelf Lands Act did not give FERC the authority it claimed to establish a general open access regime on the Outer Continental Shelf, and though the Natural Gas Act gives FERC broad authority over pipelines transporting gas in interstate commerce, section 1(b) of that act expressly withholds jurisdiction over gathering, which FERC's new regulations explicitly covered.

Appellate Information

• Decided 10/10/2003
• Published 10/10/2003

Judges

• Before:  GINSBURG, Chief Judge, ROBERTS, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Dennis Lane, Solicitor, Federal Energy Regulatory Commission, argued the cause for appellant.   With him on the briefs were Cynthia A. Marlette, General Counsel, and Lona T. Perry, Attorney.


• For Appellees:
  
• John W. Wilmer, Jr., James M. Costan, and T. Alana Deere were on the briefs for appellees Producer Coalition and Independent Petroleum Association of America., Henry S. May, Jr. argued the cause for appellees The Williams Companies, et al.   With him on the brief were Charles D. Tetrault, Daniel A. Petalas, Howard L. Nelson, Jay V. Allen, James T. McManus, Joseph S. Koury, and Mari M. Ramsey.  Jeffrey G. DiSciullo and G. Mark Cook entered appearances., Thomas J. Eastment, Katherine B. Edwards, Melissa E. Maxwell, Douglas W. Rasch, Charles J. McClees, Jr., and Frederick T. Kolb were on the briefs for appellees Chevron U.S.A. Inc., et al.