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DEPARTMENT OF ENERGY v. OSBORN

No. 10-50.

760 F.2d 282 (1984)

DEPARTMENT OF ENERGY, Defendant-Appellant, v. W.B. OSBORN, Plaintiff-Appellee.

Temporary Emergency Court of Appeals.

Decided March 28, 1984.

Attorney(s) appearing for the Case

Linda M. Samuel, Washington, D.C., with whom Catherine C. Cook and Thomas H. Kemp, Dept. of Energy, Office of Gen. Counsel, Washington, D.C., were on the briefs, for defendant-appellant.

Fred A. Gipson, Seminole, Okl., with whom Steed, Gipson, Johnston & McMains, Seminole, Okl., and Jack Speight, Hathaway, Speight & Kuntz, Cheyenne, Wyo., were on the brief for plaintiff-appellee.

Before JAMESON, CRAIG and McNICHOLS, Judges.

JAMESON, Judge.

The Department of Energy (DOE) has appealed from a district court judgment holding a Remedial Order issued to W.B. Osborn invalid. Finding that the Remedial Order was within the agency's authority and based on findings supported by substantial evidence, 12 U.S.C. § 1904 note at § 211(d)(1), we reverse.

I. FACTS AND PROCEEDINGS BELOW

W.B. Osborn is an independent oil and gas producer who owns and operates oil producing property...

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