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SHELL OIL CO. v. DEPARTMENT OF ENERGY

No. 79-2129.

631 F.2d 231 (1980)

SHELL OIL COMPANY, Texaco Inc., Phillips Petroleum Company, Coastal States Gas Corporation and Gulf Oil Corporation, Mobil Corporation, Union Oil Company of California, Continental Oil Company, intervenors, Appellants, v. The DEPARTMENT OF ENERGY; James R. Schlesinger, Secretary, Department of Energy; The Energy Information Administration; Lincoln E. Moses, Administrator, Energy Information Administration; The Office of Management and Budget; James I. McIntyre, Jr., Director, Office of Management and Budget.

United States Court of Appeals, Third Circuit.

Decided September 8, 1980.

Attorney(s) appearing for the Case

J. Wallace Adair, Roger C. Simmons, (argued), Stuart H. Harris, Marcia D. Welsch, Howrey & Simon, Washington, D. C., Thomas Herlihy, III, Herlihy & Herlihy, Wilmington, Del., for appellants.

A. M. Minotti, Houston, Tex., for Shell Oil Co.

Robert D. Wilson, White Plains, N. Y., for Texaco Inc.

Lewis J. Ottaviani, Bartlesville, Okl., for Phillips Petroleum Co.

B. Melvin Hurwitz, Washington, D. C., for Coastal States Gas Co.

John E. Bailey, Houston, Tex., for the Gulf Companies.

Charles F. Rice, New York City, for Mobil Oil Corp.

Edward A. McFadden, Schaumburg, Ill., for Union Oil Company of California.

David M. Francis, Mona A. Yoes, Houston, Tex., for Continental Oil Co.

Alice Daniel, Asst. Atty. Gen., Washington, D. C., James W. Garvin, Jr., U. S. Atty., Wilmington, Del., Michael Kimmel (argued), Atty., Civ. Div., Dept. of Justice, Washington, D. C., for appellees.

Before ALDISERT and SLOVITER, Circuit Judges, and RAMBO, District Judge.

OPINION OF THE COURT

PER CURIAM:

Eight energy producing companies brought this action to challenge the annual financial reporting requirement (Form EIA-28) promulgated by the Administrator of the Energy Information Administration (EIA) of the Department of Energy (DOE). The district court, on cross motions for summary judgment filed by the parties after discovery, entered summary judgment for the defendants, and the companies appeal.

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