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STATE OF ALASKA v. F.E.R.C.

No. 90-1599.

980 F.2d 761 (1992)

STATE of Alaska, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Trans Alaska Pipeline System (TAPS Carriers), Petro Star Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 1992.

As Amended December 11, 1992.

Attorney(s) appearing for the Case

Robert H. Loeffler, Washington, D.C., argued the cause for petitioner. With him on the briefs were Charles E. Cole, Atty. Gen., Fairbanks, Alaska, W. Stephen Smith, Ellen E. Deason, and Micki M. Chen, Washington, D.C.

Jill Hall, Atty., F.E.R.C., Washington, D.C., argued the cause for respondent. With her on the brief were William S. Scherman, Gen. Counsel, and Jerome M. Feit, Sol., Washington, D.C.

Steven H. Brose, with whom Steven Reed and Cynthia L. Quarterman, Washington, D.C., were on the brief, for intervenor Trans Alaska Pipeline System (TAPS Carriers).

O. Yale Lewis, Jr. and Richard A. Curtin, Seattle, Wash., entered appearances, for intervenor Petro Star Inc.

Before WILLIAMS, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The Trans Alaska Pipeline System stretches 800 miles across the Alaskan wilderness from the vast North Slope oil field to the all-weather port of Valdez on the southern coast of the State. Built by a consortium of oil companies and opened in 1977, the pipeline currently transports nearly two million barrels of oil per day.

We will assume familiarity with the pipeline's...

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