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EXXONMOBIL OIL CORPORATION v. STATE

Case No. 1D10-0254.

EXXONMOBIL OIL CORPORATION, Appellant, v. STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Appellee.

District Court of Appeal of Florida, First District.

Opinion filed October 29, 2010.

Attorney(s) appearing for the Case

Dan R. Stengle, Mohammad O. Jazil, and Tucker F. Mackie of Hopping, Green & Sams, P.A., Tallahassee, for Appellant.

Gigi Rollini and Lawrence E. Sellers, Jr. of Holland & Knight, LLP, Tallahassee; Robert A. Long, Jr. and James R. Dean, Jr. of Covington & Burling LLP, Washington, DC; and Janice K. Raburn of American Petroleum Institute, Washington, DC, for American Petroleum Institute, Amicus Curiae for Appellant.

William N. Graham, Senior Attorney, Department of Agriculture and Consumer Services, Tallahassee, for Appellee.

WOLF, J.

ExxonMobil petitioned the Department of Agriculture (the Department) for a declaratory statement pursuant to section 120.565, Florida Statutes (2009), seeking clarification of Florida's Price Gouging Law (embodied in section 501.160, Florida Statutes (2009)). The Department dismissed the Petition and ExxonMobil seeks review of this dismissal order. Because we find the grounds raised by the Department did not prohibit the Department from responding to the...

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