MOBIL OIL CORP. v. F. T. C.

No. 1551, Docket 77-6073.

562 F.2d 170 (1977)

MOBIL OIL CORPORATION, Gulf Oil Corporation, Shell Oil Company and Standard Oil Company of California, Plaintiffs-Appellees, v. FEDERAL TRADE COMMISSION and Michael Pertschuk, Chairman, Paul Rand Dixon, member, M. Elizabeth Hanford Dole, member, Calvin J. Collier, member and David A. Clanton, member and Carol M. Thomas, Secretary, as officers of the Federal Trade Commission, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 14, 1977.


Attorney(s) appearing for the Case

Nathaniel L. Gerber, Asst. U.S. Atty., New York City (Robert B. Fiske, Jr., U.S. Atty., S.D.N.Y., Samuel J. Wilson, Asst. U.S. Atty., New York City, of counsel), for defendants-appellants.

Andrew J. Kilcarr, Washington, D. C., Vincent Tricarico, Thomas R. Trowbridge III, Donovan, Leisure, Newton & Irvine, New York City (Charles F. Rice, New York City, of counsel), for appellee Mobil Oil Corp.

J. Wallace Adair, Keith E. Pugh, Jr., Howrey & Simon, Washington, D. C. (George S. Wolbert, Jr., S. R. Vandivort, A. M. Minotti, Houston, Tex., of counsel), for appellee Shell Oil Co.

Jesse P. Luton, Jr., John E. Bailey, Houston, Tex., for appellee Gulf Oil Corp.

George A. Sears, Richard W. Odgers, Pillsbury, Madison & Sutro, San Francisco, Cal., for Standard Oil Co. of California.

Before VAN GRAAFEILAND, Circuit Judge, MOTLEY and NEAHER, District Judges.


VAN GRAAFEILAND, Circuit Judge:

The issue on this appeal is whether the Federal Trade Commission is required by § 102(2)(C) of the National Environmental Policy Act, 42 U.S.C. § 4332(2)(C), to file an Environmental Impact Statement (EIS) at the outset of an adjudicatory proceeding brought pursuant to § 5 of the Federal Trade Commission Act, 15 U.S.C. § 45, because of the possibility that the proceeding might some day culminate in an order "significantly...

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