TEXAS ENERGY RESERVE CORP. v. DEPT. OF ENERGY

Nos. 3-30, 3-31.

710 F.2d 814 (1983)

TEXAS ENERGY RESERVE CORPORATION, Plaintiff-Appellant, v. DEPARTMENT OF ENERGY and James B. Edwards, Secretary of Energy, Defendants-Appellees. RFB PETROLEUM, INC. and Hideca Petroleum Corporation, Plaintiffs-Appellants, v. DEPARTMENT OF ENERGY, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided May 26, 1983.


Attorney(s) appearing for the Case

Simeon T. Lake, Fulbright & Jaworski, Houston, Tex., with whom, A. Frank Koury and Mary K. Mullenhoff, Houston, Tex., for plaintiffs-appellants; William O. LaMotte, III, Morris, Nichols, Arsht & Tunnel, Wilmington, Del., for plaintiff-appellant, Texas Energy Reserve Corp.; James V. Carroll, III, James R. Myers, Andrews & Kurth, Washington, D.C., for plaintiff-appellant, RFB Petroleum, Inc.; and Robert P. Knapp, III, Hale, Russell & Gray, New York City, for plaintiff-appellant, Hideca Petroleum Corp., were on brief for plaintiffs-appellants.

Thomas H. Peebles, Dept. of Justice, Washington, D.C., with whom, J. Paul McGrath, Asst. Atty. Gen., and Stephen E. Hart, Washington, D.C., of the same agency; Thomas H. Kemp and Judith A. Mather of counsel, Dept. of Energy, Washington, D.C., were on brief for defendants-appellees.

Before BONSAL, HOFFMAN and LACEY, Judges.


LACEY, Judge.

On December 31, 1980, plaintiff-appellant, Texas Energy Reserve Corporation (Texas Energy), instituted this action in the District Court of Delaware for preenforcement judicial review of certain Department of Energy (DOE) regulations governing the resale of crude oil — the so-called layering and pipeline transfer rules, 10 C.F.R. § 212.186 (1981) and 10 C.F.R. § 212.183 (1981) — and a final interpretation of these rules. 45 Fed...

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