United States DC Circuit

Petitions for review of orders of the Federal Energy Regulatory Commission requiring certain crude oil carriers to pay shippers reparations for excessive rates are granted where the Commission failed to reconcile its finding that a joint rate was unreasonable under Interstate Commerce Act section 1(5) with the Supreme Court's construction and previous agency interpretation of that section.

Appellate Information

• Argued 02/10/2006
• Decided 05/26/2006
• Published 05/26/2006

Judges

• Before:  GARLAND, Circuit Judge, and SILBERMAN and WILLIAMS, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• In Nos. 04-1343 and 04-1349,Steven Reed argued the cause for petitioners Frontier Pipeline Company and Express Pipeline LLC. With him on the briefs were Steven H. Brose, John D. Clopper, and Christopher J. Barr., In No. 04-1344, Melvin Goldstein argued the cause and filed the briefs for petitioners Big West Oil, LLC and Chevron Products Company., In Nos. 04-1343 and 04-1349,Melvin Goldstein was on the brief of intervenors Big West Oil, LLC and Chevron Products Company., In No. 04-1344, Steven H. Brose, Steven Reed, John D. Clopper, and Christopher J. Barr were on the brief of intervenors Frontier Pipeline Company and Express Pipeline LLC. Dawn M. Karolick entered an appearance.


• For Appellees:
  
• In Nos. 04-1343, 04-1344, and 04-1349,Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief were Thomas O. Barnett, Acting Assistant Attorney General, U.S. Department of Justice, John J. Powers and Robert J. Wiggers, Attorneys, and John S. Moot, General Counsel, Federal Energy Regulatory Commission, and Dennis Lane, Former Solicitor.