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MOBIL OIL EXPLORATION & PRODUCING SOUTH-EAST, INC. v. UNITED DISTRIBUTION COS.

No. 89-1452.

498 U.S. 211 (1991)

111 S.Ct. 615

112 L.Ed.2d 636

MOBIL OIL EXPLORATION & PRODUCING SOUTH-EAST, INC., ET AL. v. UNITED DISTRIBUTION COS. ET AL.

Supreme Court of United States.

Decided January 8, 1991.

Attorney(s) appearing for the Case

Rex E. Lee argued the cause for petitioners in No. 89-1452. With him on the briefs were Eugene R. Elrod, Carter G. Phillips, Jay G. Martin, Charles M. Darling IV, William H. Emerson, Stephen A. Herman, David G. Norrell, Mario M. Garza, R. Gordon Gooch, Harris S. Wood, Harry E. Barsh, Jr., David J. Evans, Ernest J. Altgelt III, C. Roger Hoffman, Douglas W. Rasch, Toni D. Hennike, Robert C. Murray, Thomas G. Johnson, John K. McDonald, John L. Williford, Robert A. Miller, Jr., John J. Wolfe, Michael L. Pate, Thomas G. Johnson, Thomas B. Deal, Dee H. Richardson, Ernest L. Kubosh, and Ralph J. Pearson. Edwin S. Kneedler argued the cause for petitioners in No. 89-1453. With him on the brief were Solicitor General Starr, Deputy Solicitor General Wallace, William S. Scherman, Jerome M. Feit, and Robert H. Solomon.

Roberta Lee Halladay argued the cause for respondents in both cases. With her on the brief were Peter Buscemi, C. William Cooper, and Ronald D. Jones.†

JUSTICE WHITE delivered the opinion of the Court.

These cases involve the validity of two orders, No. 451 and No. 451-A, promulgated by the Federal Energy Regulatory Commission (Commission) to make substantial changes in the national market for natural gas. On petitions for review, a divided panel of the Court of Appeals for the Fifth Circuit vacated the orders as exceeding the Commission's authority under the Natural Gas Policy Act of 1978 (NGPA), 92 Stat. 3352,...

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