The STATE OF OKLAHOMA, By and Through Larry DERRYBERRY, Attorney General of the State of Oklahoma; David L. Boren, Governor of the State of Oklahoma; the State of Texas, by and through John L. Hill, Attorney General of the State of Texas; Dolph Briscoe, Governor of the State of Texas; the State of Louisiana, by and through William J. Guste, Jr., Attorney General of the State of Louisiana; Edwin Edwards, Governor of the State of Louisiana; Shirley McNamara, Secretary of the Louisiana Department of Revenue and Taxation; and William C. Huls, Secretary of the Louisiana Department of Natural Resources, Plaintiffs-Appellants,
The State of Wyoming, by and through its Attorney General; Ralph L. Harvey, individually and as president of Marlin Oil Corporation, Intervenors-Appellants,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Defendant-Appellee,
United States of America, Intervenor-Appellee.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Argued and Submitted July 16, 1981.
Decided September 22, 1981.
Attorney(s) appearing for the Case
Lino A. Graglia, Austin, Tex. (William Pannill and Gary W. Catron of Pannill & Hooper, Houston, Tex., Mark White, Atty. Gen., John W. Fainter, Jr., First Asst. Atty. Gen., James R. Meyers, Gayle Johnson Cipriano, Andrew Kever and Stuart Fryer, Asst. Attys. Gen., State of Tex., Austin, Tex., Jan Eric Cartwright, Atty. Gen., and John F. Percival, Asst. Atty. Gen., State of Okl., Oklahoma City, Okl., William J. Guste, Jr., Atty. Gen., Carmack M. Blackmon and Gary L. Keyser, Asst. Attys. Gen., State of La., Mary Ellen Leeper, Sp. Counsel, Baton Rouge, La., John D. Troughton, Atty. Gen., and Thomas J. Carroll, III, Asst. Atty. Gen., State of Wyo., Cheyenne, Wyo., with him on the brief), for plaintiffs-appellants and intervenors-appellants.
Jerome Nelson, Acting Gen. Counsel, Federal Energy Regulatory Commission, and Bruce G. Forrest, Atty., Dept. of Justice, Washington, D.C. (Jerome M. Feit, Deputy Sol., J. Paul Douglas, Asst. Sol., and Joanne Leveque, Atty., Federal Energy Regulatory Commission, Thomas S. Martin, Acting Asst. Atty. Gen., Robert S. Greenspan, Dina R. Lassow and Paul A. Gaukler, Attys., Civ. Div., Dept. of Justice, Washington, D.C., with him on the brief), for defendant-appellee and intervenor-appellee.
Before BARRETT, DOYLE and McKAY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BARRETT, Circuit Judge.
This case involves a constitutional challenge to the Natural Gas Policy Act of 1978, 15 U.S.C.A. § 3301 et seq. (Supp. 1979), (NGPA or Act).
The States of Oklahoma, Texas and Louisiana initiated this action against the Federal Energy Regulatory Commission (FERC) seeking a declaratory judgment holding the Act to be unconstitutional insofar as it applies to wholly intrastate gas, impairs the ability of the states to function...
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