ATLANTIC RICHFIELD COMPANY, et al., Plaintiffs-Appellants,
v.
UNITED STATES DEPARTMENT OF ENERGY and
Archer-Daniels-Midland Co., et al., Defendants-Appellees.
Temporary Emergency Court of Appeals.https://leagle.com/images/logo.png
Argued February 24, 1981.
Decided July 7, 1981.
Attorney(s) appearing for the Case
Daniel Joseph, Akin, Gump, Hauer & Feld, Washington, D. C., with whom Warren E. Connelly and Harry R. Silver, Washington, D. C., Richard C. Morse, Atlantic Richfield Company, Los Angeles, Cal., James P. Murphy, Marathon Oil Company, Findlay, Ohio, William C. Streets, Mobil Oil Corporation, Fairfax, Va., and Elizabeth P. Smith, Texaco Inc., White Plains, N. Y., were on the brief for plaintiffs-appellants.
Michael T. Scott, Dept. of Justice, Washington, D. C., with whom Thomas S. Martin, Acting Asst. Atty. Gen., C. Max Vassanelli, Paul G. Wallach, Deputy Gen. Counsel, and O. Ann Horn, Dept. of Energy, Washington, D. C., and Jay F. Lapin, Arnold M. Lerman, C. Loring Jetton, Jr., Helen Torelli and Bruce M. Berman, Wilmer, Cutler & Pickering, Washington, D. C., Attys., for Hempstead Resources Recovery Corporation and Refuse Energy Systems Company.
Philip W. Buchen, Stanley Smilack, G. Ridgley Loux and Joseph H. Gale, Dewey, Ballantine Bushby, Palmer & Wood, Washington, D. C., for Archer-Daniels-Midland Company and Arizona Chemical Company.
Samuel Efron, Lewis E. Leibowitz, and Joseph E. Sandler, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., for Hempstead Resources Recovery Corporation.
Albert J. Slap and Frank M. Thomas, Jr., Deputy City Sols., Philadelphia, Pa., for the City of Philadelphia, Pennsylvania.
Lee C. White, John McE. Atkisson, and Gordon M. Thomas, White, Fine & Verville, Washington, D. C., for City of Ames, Iowa Bergen County Utilities Authority, Metropolitan Sanitary District of Greater Chicago, County Sanitation Districts of Los Angeles County, Milwaukee Metropolitan Sewerage District, Department of Environmental Protection of the City of New York, Department of Sanitation of the City of New York, County Sanitation Districts of Orange County, Municipality of Metropolitan Seattle.
Herbert C. Goldstein, City Sol., Harrisburg, Pa., for the City of Harrisburg, Pennsylvania.
Edward W. Hummers, Jr. and Marvin Rosenberg, Fletcher, Heald & Hildredth, Washington, D. C., for Midwest Solvents Company, Inc., were on the brief for the defendants-appellees.
Before CHRISTENSEN, BECKER and LACEY, Judges.
Temporary Emergency Court of Appeals.
LACEY, Judge.
At issue is the validity of regulations promulgated by the Department of Energy (DOE), by which price-controlled, domestic crude oil (old oil) entitlements are allocated to producers of certain petroleum substitutes. Appellants, plaintiffs below, are four major oil companies that have challenged these regulations. Defendant-appellees are DOE and sixteen intervening public and private users and producers of petroleum substitutes.
On cross-motions...
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