EXXON CORP. v. DEPARTMENT OF ENERGY

Nos. 3-38 to 3-43.

802 F.2d 1400 (1986)

EXXON CORPORATION, Cities Service Company, Conoco, Inc., Marathon Petroleum Company, Sun Oil Company of Pennsylvania, the Standard Oil Company (Ohio), Tosco Corporation, Plaintiffs-Appellants, v. DEPARTMENT OF ENERGY, Donald P. Hodel, Secretary of Department of Energy, Rayburn Hanzlik, Administrator, Economic Regulatory Administration, Department of Energy, George B. Breznay, Director, Office of Hearings and Appeals, Department of Energy, Defendants-Appellees, The 341 Tract Unit of the Citronelle Field, Intervenor-Defendant-Appellee (Two Cases). TEXACO INC., Atlantic Richfield Co., Chevron U.S.A., Inc., Plaintiffs-Appellants, v. DEPARTMENT OF ENERGY, Donald P. Hodel, Secretary of Department of Energy, Rayburn Hanzlik, Administrator, Economic Regulatory Administration, Department of Energy, Richard T. Tedrow, Acting Director of Hearings and Appeals, Department of Energy, Defendants-Appellees, The 341 Tract Unit of the Citronelle Field, Intervenor-Defendant-Appellee (Two Cases).

Temporary Emergency Court of Appeals.

Decided August 26, 1986.

As Amended September 2, 1986.


Attorney(s) appearing for the Case

Donald B. Craven, with whom Jay L. Carlson, Craig D. Miller and James B. Altman, Miller & Chevalier, Washington, D.C., Thomas Herlihy, III, Herlihy & Wier, Wilmington, Del., Edward De La Garza, Houston, Tex., Gerald H. Barnes, Tulsa, Okl., Xavier C. Lemond, Houston, Tex., David P. Batow, Findlay, Ohio, Mary Lynn Beck, Philadelphia, Pa., Roderick C. Mac-Kinnon, Cleveland, Ohio, and Wilkes McClave, Santa Monica, Cal., of counsel, were on brief, for Exxon plaintiffs-appellants in Nos. 3-38 & 3-43 and for Exxon plaintiffs-appellees in Nos. 3-39, 3-40, 3-41 & 3-42.

William O. LaMotte, III, and Edmond D. Johnson, Morris, Nichols, Arsht & Tunnell, Stephen H. Bard, White Plains, N.Y., Cynthia P. Weston, Los Angeles, Cal., and Dudley A. Zinke, San Francisco, Cal., of counsel, were on brief for Texaco plaintiffs-appellants in Nos. 3-38 & 3-43 and for Texaco plaintiffs-appellees in Nos. 3-39, 3-40, 3-41 & 3-42.

Thomas H. Kemp, with whom Catherine C. Cook, Charles L. Cope, II, Dept. of Energy, Washington, D.C., were on brief for defendants-appellees in Nos. 3-38 & 3-43 and for defendants-appellants in Nos. 3-39, 3-40, 3-41 & 3-42.

J. Peter Luedtke, with whom William S. D'Amico, William F. Demarest, Jr., Jose P. Ceppi, D'Amico, Luedtke, Demarest & Golden, Washington, D.C., were on brief for intervenor-defendant-appellee in Nos. 3-38 & 3-43 and for intervenor-defendant-appellant in Nos. 3-39, 3-40, 3-41 & 3-42.

Before HOFFMAN, GIGNOUX and LACEY, JJ.


PER CURIAM:

Led by Exxon Corporation, several major oil companies brought this action to set aside a decision by the Department of Energy ("DOE") awarding $63.8 million in relief from regulatory burdens to an oil producer called the 341 Tract Unit of the Citronelle Field ("Citronelle"). This legal battle between plaintiffs, DOE, and Citronelle hinges on the interrelationship between a series of regulatory programs enacted in the wake of the Arab oil embargo.

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