DEPARTMENT OF ENERGY and Donald Paul Hodel, Secretary of Energy, Defendants-Appellants,
v.
Ray L. HUNT, Independent Executor of the Estate of H.L. Hunt, Plaintiff-Appellee,
The States of Arkansas, Connecticut, Delaware, Hawaii, Indiana, Iowa, Kansas, Louisiana, Minnesota, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming, the Territory of Guam and the Virgin Islands, Intervenors-Appellants,
Cities Service Company, Intervenor-Appellee.
Temporary Emergency Court of Appeals.https://leagle.com/images/logo.png
Argued January 17, 1985.
Decided July 16, 1986.
Rehearing and Rehearing Denied August 26, 1986.
Attorney(s) appearing for the Case
Thomas C. Newkirk, with whom Larry P. Ellsworth, David A. Engels, and Marcia K. Sowles, Dept. of Energy, Washington, D.C., were on brief, for defendants-appellants.
Edward G. Modell, with whom Bernard Nash, Blum, Nash and Railsback, Thomas W. Mack and Andrew P. Miller, Dickstein, Shapiro and Morin, James F. Flug, Lobel, Novins and Lamont, Washington, D.C., Hubert H. Humphrey, III, Atty. Gen., St. Paul, Minn., Paul Bardacke, Atty. Gen., Santa Fe, N.M., David Frohnmayer, Atty. Gen., Salem, Or., and Gerald L. Baliles, Atty. Gen., Richmond, Va., were on brief for intervenors-appellants States.
Philip P. Kalodner, Attorney for National Freight, Inc., RJG Cab Co., and Geraldine H. Sweeney, Philadelphia, Pa., Harold E. Kohn and Joseph C. Kohn, Kohn, Savett, Marion and Graf, P.C., Attorneys for Philadelphia Elec. Co., were on brief, for amici curiae.
Brett A. Ringle, with whom Karen S. Bedell, Shank, Irwin and Conant, Dallas, Tex., were on brief, for plaintiff-appellee, Ray L. Hunt.
John M. Simpson, with whom Keith A. Jones, James F. Moriarty, Fulbright and Jaworski, Washington, D.C., and Darrel A. Kelsey and Gerald H. Barnes, Cities Service Oil and Gas Corp., Tulsa, Okl., were on brief, for intervenor-appellee, Cities Services Co.
Before BECKER, DAUGHERTY and THORNBERRY, Judges.
Temporary Emergency Court of Appeals.
Rehearing and Rehearing En Banc Denied August 26, 1986.
THORNBERRY, Judge:
This appeal presents a narrow issue: whether the district court abused its discretion in holding that the Department of Energy (DOE) failed to demonstrate a change in core circumstances requiring remand of a lawful remedial order to the agency for reconsideration. We are not asked to determine the district court's power or duty to fashion a restitutionary remedy. Compare United States...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
