PROCESS GAS CONSUMERS GROUP, Petitioner,
v.
UNITED STATES DEPARTMENT OF AGRICULTURE, John R. Block, Secretary of Agriculture, Respondents.
Fertilizer Institute, Agrico Chemical Company, Columbia Nitrogen Corp. and Nipro, Inc., American Feed Manufacturers Association, National Council of Farmer Cooperatives, W. R. Grace & Co., Terra Chemicals International Inc., Farmland Industries, Inc., Central Carolina Farmers Exchange, Intervenors.
UNITED DISTRIBUTION COMPANIES, Petitioner,
v.
UNITED STATES DEPARTMENT OF AGRICULTURE, John R. Block, Secretary of Agriculture, Respondents.
Fertilizer Institute, Agrico Chemical Company, Columbia Nitrogen Corp. and Nipro, Inc., American Feed Manufacturers Association, National Council of Farmer Cooperatives, W. R. Grace & Co., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 14, 1981.
Decided June 30, 1981.
Attorney(s) appearing for the Case
Edward J. Grenier, Jr., Washington, D. C., with whom Richard P. Noland, William H. Penniman and David A. Gross, Washington, D. C., were on the brief for petitioners in No. 80-1558.
C. William Cooper, Washington, D. C., with whom J. Richard Tiano, Richard M. Merriman, Lisa Holland Powell, Peyton G. Bowman, III, and John R. Schaefgen, Jr., Washington, D. C., were on the brief for petitioner in No. 80-1603.
Terrance G. Jackson, Atty., Dept. of Agriculture, Washington, D. C., with whom Daniel Marcus, Gen. Counsel, James Michael Kelly, Associate Gen. Counsel, and Raymond W. Fullerton, Asst. Gen. Counsel, Washington, D. C., were on the brief for respondents.
Kent L. Jones, Washington, D. C., with whom Bradford G. Keithley, Raymond B. Kelly, Fort Worth, Tex., and James D. Satrom, Washington, D. C., for Agrico Chemical Co.; Philip C. Olsson, Richard H. Ekfelt and Richard L. Frank, Washington, D. C., for American Feed Mfrs. Ass'n; William A. Mogel, Washington, D. C., for Farmland Industries, Inc., et al.; James S. Krzyminski and Donald Fredrick, Washington, D. C., for Nat. Council of Farmer Cooperatives; Fredrick G. Berner, Jr., Washington, D. C., for Columbia Nitrogen Corp., et al.; Stephen A. Herman and Kevin R. Jones, Washington, D. C., for Fertilizer Institute; Stanley M. Morley and Joel F. Zipp, Beachwood, Ohio, for W. R. Grace & Co.; James L. Newsom, Durham, N. C., for Central Carolina Farmers Exchange, Inc., were on the joint brief for Agricultural intervenors in No. 80-i558 and 80-i603.
Before ROBINSON, Chief Judge, THORNBERRY, Senior Circuit Judge for the Fifth Circuit and WILKEY, Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WILKEY.
WILKEY, Circuit Judge:
At issue in this case is the meaning of the term "process fuel" as it is used in section 401(f)(1)(B) of the Natural Gas Policy Act of 1978 (NGPA or the Act).1
I. BACKGROUND
The Natural Gas Policy Act creates a system of priorities for the allocation during times of shortage of natural gas distributed through interstate pipelines. Whenever...
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