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FREEPORT-McMoRAN OIL & GAS CO. v. F.E.R.C.

Nos. 90-1499, 90-1526.

962 F.2d 45 (1992)

FREEPORT-McMoRAN OIL & GAS COMPANY, American Production Partnership-V, Ltd., and Ninian Oil Finance Corp., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. K N ENERGY, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 24, 1992.

Attorney(s) appearing for the Case

John T. Miller, with whom William F. Demarest, Jr., Adelia S. Borrasca and B.J. Becker were on the joint brief, for petitioners in Nos. 90-1499 and 90-1526.

John M. Cockrell, Atty., F.E.R.C., with whom William S. Scherman, Gen. Counsel, Jerome M. Feit, Solicitor, and Joseph S. Davies, Deputy Solicitor, were on the brief, for respondent.

Paul K. Sandness, Robert T. Hall, III and Stephen L. Huntoon were on the brief, for intervenor, Williston Basin Interstate Pipeline Co. in Nos. 90-1499 and 90-1526.

Adelia S. Borrasca and William F. Demarest, Jr., entered appearances, for petitioners, Freeport-McMoRan Oil and Gas Co., American Production Partnership-V, Ltd., and Ninian Oil Finance Corp. in No. 90-1526.

Before MIKVA, Chief Judge, SILBERMAN and RANDOLPH, Circuit Judges.

Opinion for the court filed by Chief Judge MIKVA.

MIKVA, Chief Judge:

This case is plainly moot. The challenged orders of the Federal Energy Regulatory Commission were superseded by a subsequent FERC order, and while the challenged orders were in effect petitioners suffered no injury this court can redress. At oral argument, for the first time, FERC's counsel said the Commission had no objection to petitioners' request...

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