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ATLANTIC RICHFIELD CO. v. U. S. DEPT. OF ENERGY

No. 3-22.

683 F.2d 410 (1980)

ATLANTIC RICHFIELD COMPANY Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF ENERGY Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided December 30, 1980.

Attorney(s) appearing for the Case

Richard A. Stephens, Los Angeles, Cal., with whom Cynthia L. Paulich and Richard C. Morse, Atlantic Richfield Company, Los Angeles, Cal., was on the brief for plaintiff-appellant.

Thomas H. Kemp, Washington, D. C., with whom Judith A. Mather, Dept. of Energy, Washington, D. C., was on the brief for defendant-appellee.

Before LARSON, BONSAL and PECK, Judges.

JOHN W. PECK, Judge.

Atlantic Richfield Company (ARCO) brought an action against the Department of Energy (DOE) seeking preliminary and permanent injunctions against the enforcement of 10 C.F.R. § 211.105(a)(3), the Interim Allocation Rule. ARCO alleged that this rule is invalid because of procedural defects in its promulgation, because of its failure to "maximize" objectives of the Emergency Petroleum Allocation Act, and

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