TEXACO, INC. v. DEPARTMENT OF ENERGY

Civ. A. Nos. 84-391-JLL, 84-410-JLL and 84-456-JLL.

604 F.Supp. 1493 (1985)

TEXACO, INC., Plaintiff, v. DEPARTMENT OF ENERGY, and Donald P. Hodel, Secretary of Energy, Defendants, and Marathon Petroleum Company, and Mobil Oil Corporation, and Ashland Oil, Inc., and Texas City Refining, Inc., and Shell Oil Company, Intervenor-Defendants. AMERICAN PETROFINA, INCORPORATED, and Tosco Corporation, Plaintiffs, v. DEPARTMENT OF ENERGY, and Donald P. Hodel, Secretary of Energy, Defendants, and Mobil Oil Corporation, and Ashland Oil, Inc., and Shell Oil Company, Intervenor-Defendants. PENNZOIL COMPANY, and Tenneco Oil Company, Plaintiffs, v. Ronald REAGAN, President of the United States, and Department of Energy, and Donald P. Hodel, Secretary of Energy, Defendants, and Mobil Oil Corporation, and Ashland Oil, Inc., and Shell Oil Company, Intervenor-Defendants.

United States District Court, D. Delaware.

March 20, 1985.


Attorney(s) appearing for the Case

Richard Pell of Tybout, Redfearn, Casarino & Pell, Wilmington, Del., and Thomas A. Donovan of Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., of counsel, for intervenor-defendant Ashland Oil, Inc.

Allen M. Terrell, Jr., of Richards, Layton & Finger, Wilmington, Del., and Robert R. Morrow of Sutherland, Asbill & Brennan, Washington, D.C., of counsel, for intervenor-defendant Texas City Refining, Inc.

E. Norman Veasey and Stephen E. Herrmann of Richards, Layton & Finger, Wilmington, Del., and Alvin B. Gibson, Houston, Tex., of counsel, for intervenor-defendant Shell Oil.

William O. LaMotte III and Richard D. Allen of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., and Stephen Bard, White Plains, N.Y., of counsel, for plaintiff Texaco, Inc.

William O. LaMotte III and Richard D. Allen of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., and Kenneth L. Bachman, Jr., and Eugene M. Goott of Cleary, Gottlieb, Steen & Hamilton, Washington, D.C., of counsel, for plaintiffs American Petrofina, Inc., and Tosco Corp.

Richard I.G. Jones of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del., and John Mathis of Baker & Botts, Washington, D.C., of counsel, for plaintiffs Pennzoil Co. and Tenneco Oil Co.

Joseph J. Farnan, Jr., U.S. Atty., and Sue L. Robinson, Asst. U.S. Atty., Wilmington, Del., and Catherine C. Cook of the Dept. of Energy, of counsel, for the Federal defendants.

Allen M. Terrell, Jr., of Richards, Layton & Finger, Wilmington, Del., and James Wilderotter of Jones, Day, Reavis & Pogue, Washington, D.C., of counsel, for intervenor-defendant Marathon Petroleum Co.

Stephen E. Herrmann of Richards, Layton & Finger, Wilmington, Del., and Dan Joseph and David Holzworth of Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., of counsel, for intervenor-defendant Mobil Oil Corp.


OPINION

LATCHUM, Senior District Judge.

These consolidated actions were filed by oil companies seeking to compel the United States Department of Energy ("DOE" or "the Department") to publish notices allegedly required to bring about the orderly and lawful conclusion of a regulatory system known as the "entitlements program." Opposing the plaintiffs are, in addition to the federal defendants, a number of intervening oil companies which stand to lose hundreds...

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