EXXON PIPELINE CO. v. UNITED STATES

Nos. 83-1299, 83-1626.

725 F.2d 1467 (1984)

EXXON PIPELINE COMPANY, Petitioner, v. UNITED STATES of America and Federal Energy Regulatory Commission, Respondents, State of Alaska, Arctic Slope Regional Corporation, Intervenors. BP PIPELINES INC., Petitioner, v. UNITED STATES of America and Federal Energy Regulatory Commission, Respondents, State of Alaska, Arctic Slope Regional Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 1984.


Attorney(s) appearing for the Case

Richard J. Flynn, Washington, D.C., with whom Eugene R. Elrod and Stephen S. Hill, Washington, D.C., were on the brief for petitioner in 83-1299.

Quinn O'Connell, Eugene E. Threadgill and R. Brian Corcoran, Washington, D.C., were on the brief for petitioner in 83-1626.

Robert F. Shapiro, Atty., Federal Energy Regulatory Commission, Washington, D.C., with whom Stephen R. Melton, Acting Gen. Counsel, Jerome M. Feit, Sol., Federal Energy Regulatory Commission, were on the brief for respondents. Joshua Z. Rokach and Thomas E. Hirsch, III, Attys., Federal Energy Regulatory Commission, Washington, D.C., also entered appearances for respondents.

John J. Powers, III, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondent, United States of America.

Robert H. Loeffler, Deborah L. Leon, John M. Cleary, Frederic L. Wood, Jade Alice Eaton, Washington, D.C., for State of Alaska, and William W. Becker and Richard Landfield, Washington, D.C., for Arctic Slope Regional Corp., were on the brief, for intervenors in 83-1299 and 83-1626.

Before WRIGHT, WALD and EDWARDS, Circuit Judges.


Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Opinion concurring in the result filed by Circuit Judge J. SKELLY WRIGHT.

HARRY T. EDWARDS, Circuit Judge:

This case requires us to consider again the proper scope of judicial review of decisions by the Federal Energy Regulatory Commission ("FERC" or "Commission") concerning the reasons given to justify oil pipeline rate suspensions. On March 18, 1983, FERC issued an order suspending for...

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