United States DC Circuit

Plaintiff's petition for review of defendant-FERC's order, requiring plaintiff to refund ad valorem taxes it collected from pipeline gas purchasers, is granted where defendant-FERC failed to provide "a reasoned and consistent explanation" of its decision.

Appellate Information

• Argued 11/18/2004
• Decided 01/21/2005
• Published 01/25/2005

Judges

• Before:  GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Thomas J. Eastment argued the cause and filed the briefs for petitioner.


• For Appellees:
  
• Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor., Frank X. Kelly, Steve Stojic, J. Gregory Porter, James F. Moriarty, R. Bruce Beckner, David D'Alessandro, and John E. McCaffrey were on the brief for intervenors Northern Natural Gas Company, et al. in support of respondent.  Marie D. Zosa entered an appearance.