TEXACO, INC., et al.,
v.
DEPARTMENT OF ENERGY, et al. Commonwealth Oil Refining Company, Inc., Appellant.
TEXACO, INC., et al.
v.
DEPARTMENT OF ENERGY, et al. Federal Energy Regulatory Commission, Appellant.
INDEPENDENT REFINERS ASSOCIATION OF AMERICA
v.
DEPARTMENT OF ENERGY, et al.
Commonwealth Oil Refining Company, Incorporated, Appellants.
CLARK OIL AND REFINING CORPORATION and Crown Central Petroleum Corporation
v.
DEPARTMENT OF ENERGY, et al. Commonwealth Oil Refining Company, Incorporated, Appellant
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 22, 1980.
Decided December 2, 1980.
Attorney(s) appearing for the Case
Barbara J. Weller, Atty., Federal Energy Regulatory Comn., Washington, D. C., with whom Robert R. Nordhaus, Gen. Counsel and Jerome Nelson, Sol. and Jerome M. Feit, Atty., Federal Energy Regulatory Comn., Washington, D. C., were on the brief, for Federal Energy Regulatory Comn., appellant in No. 79-1652 and appellee in Nos. 79-1643, 79-1725 and 79-1726. Howard E. Shapiro, Atty., Federal Energy Regulatory Comn., Washington, D. C., also entered an appearance for Federal Energy Regulatory Comn.
David Galbraith, Washington, D. C., with whom Fred W. Drogula, Washington, D. C., was on the brief for Commonwealth Oil Refining Co., Inc., appellant in Nos. 79-1643, 79-1725 and 79-1726 and appellee in No. 79-1652.
Paul Wallach, Atty., Dept. of Energy for Dept. of Energy and Secretary of Energy, Washington, D. C., et al., amici curiae urging reversal in Nos. 79-1643, 79-1652 and 79-1725.
Craig D. Miller, Washington, D. C., with whom Donald B. Craven, Washington, D. C., was on the brief for Texaco, Inc., et al., appellees in Nos. 79-1643, 79-1652, 79-1725 and 79-1726.
Edwin Jason Dryer and Timothy J. Bloomfield, Washington, D. C., entered appearances for Independent Refiners Association of America, appellee in No. 79-1725.
Before BAZELON, Senior Circuit Judge, and WALD and EDWARDS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Senior Circuit Judge BAZELON.
BAZELON, Senior Circuit Judge:
Since 1973, the Department of Energy ["DOE"] and its predecessor agencies have regulated production and competition among domestic oil producer/refiners through the entitlements program. In 1977, the DOE Organization Act1 provided, inter alia, that an independent entity — the Federal...
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