United States DC Circuit

In a jurisdictional dispute involving the Federal Energy Regulatory Commission, the Court found that the Commission's orders, granting the Natural Gas Act jurisdiction over plaintiff's natural gas gathering facilities, were arbitrary and capricious and subsequently set aside the order.

Appellate Information

• Argued 05/10/2004
• Decided 07/13/2004
• Published 07/13/2004

Judges

• Before:  GINSBURG, Chief Judge, and SENTELLE and ROBERTS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• James T. McManus argued the cause for petitioners.   With him on the briefs were Craig R. Rich, Mari M. Ramsey, David A. Glenn, and Gregory Grady., Thomas J. Eastment argued the cause for producer intervenors.   With him on the brief were Charles J. McClees, Jr., James M. Costan, T. Alana Deere, Douglas W. Rasch, and Stephen L. Teichler.


• For Appellees:
  
• David H. Coffman, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With him on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.