PROSPER ENERGY CORP. v. DEPARTMENT OF ENERGY

Civ. A. No. CA-3-78-0244-W.

549 F.Supp. 300 (1982)

PROSPER ENERGY CORPORATION, Plaintiff, v. DEPARTMENT OF ENERGY and Charles Duncan, Secretary of Energy, Defendants. Ray L. HUNT, Independent Executor of the Estate of H.L. Hunt, Plaintiff, v. DEPARTMENT OF ENERGY, Charles Duncan, Secretary of Energy, Defendants. EXXON CORPORATION, Plaintiff, v. DEPARTMENT OF ENERGY, Charles Duncan, Secretary of Energy, Defendants.

United States District Court, N.D. Texas, Dallas Division.

October 12, 1982.


Attorney(s) appearing for the Case

Barbara Allen Babcock, Mellie H. Nelson, Asst. Attys. Gen., Civ. Div., Washington, D.C., Charles D. Cabaniss, Asst. U.S. Atty., Dallas, Tex., Frank W. Krogh, Bayle Weiner, U.S. Dept. of Energy, Washington, D.C., for defendants.

Stuart Fryer, Atty. Gen. of Texas, Energy Div., Austin, Tex., for intervenor.

David J. Beck, Fulbright & Jaworski, Houston, Tex., A.B. Conant, Jr., Shank, Irwin, Conant, Williamson & Grevelle, Dallas, Tex., John B. McAdams, Fort Worth, Tex., G. Edward Ellison, Vinson & Elkins, D.L. Collins, Continental Oil Co., Houston, Tex., Michael Lowenberg, Akin, Gump, Hauer & Feld, Dallas, Tex., for plaintiffs.


MEMORANDUM OPINION

WOODWARD, Chief Judge.

Plaintiffs in these cases,1 now consolidated under case number CA-3-78-0244-W, seek a declaratory judgment declaring invalid the Department of Energy's (DOE's) stripper well regulation to the extent that it excludes injection and shut-in wells from the well count in determining eligibility for stripper well classification. By Order dated June 29, 1979 the Judicial Panel on Multi-district...

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