KOCH REFINING COMPANY, Ashland Oil, Inc., and State of Minnesota, Plaintiffs-Appellees,
v.
UNITED STATES DEPARTMENT OF ENERGY, and Mobil, Oil Corporation, Defendants-Appellants.
Temporary Emergency Court of Appeals.https://leagle.com/images/logo.png
Argued June 30, 1981.
Decided August 21, 1981.
Attorney(s) appearing for the Case
Thomas A. Schweitzer, Dept. of Energy, Washington, D. C., with whom Nancy C. Crisman and Paul G. Wallach, Washington, D. C., were on the brief, for appellant Dept. of Energy.
Michael J. Madigan, Akin, Gump, Strauss, Hauer & Feld, Washington, D. C., with whom Edward L. Rubinoff and David A. Holzworth, Washington, D. C., and William C. Streets, Fairfax, Va., and Warren H. Greene, Jr., New York City, of counsel, were on the brief for appellant Mobil Oil Corp.
James Hamilton, Ginsburg, Feldman, Weil & Bress, Washington, D. C., Joe A. Walters, O'Connor & Hannan, Minneapolis, Minn., with whom William E. Flynn, Minneapolis, Minn., James B. Loken and John F. Beukema, Faegre & Benson, Minneapolis, Minn., and John Dee Roper, Koch Refining Co., Wichita, Kan., and Robert H. Compton, Ashland Petroleum Co., Ashland, Ky. of counsel, were on the brief for appellees Koch Refining Co. and Ashland Oil, Inc.
Dwight S. Wagenius, William P. Donohue, and James Lackner, Sp. Asst. Attys. Gen., and Warren R. Spannaus, Atty. Gen., St. Paul, Minn., were on the brief, for appellee State of Minnesota.
Before LARSON, PECK and POINTER, Judges.
Temporary Emergency Court of Appeals.
JOHN W. PECK, Judge.
In 1974 Canada announced that it would reduce and eventually terminate exports of crude oil to the United States. In response to this announcement, the Federal Energy Administration (FEA), predecessor to the Department of Energy (DOE), promulgated the Canadian Crude Oil Allocation Program (CAP), 10 C.F.R. §§ 214.1 et seq. CAP's stated purpose was the mitigation of the adverse effects of reductions in Canadian crude oil exports...
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