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CONSOLIDATED EDISON CO. OF NEW YORK v. O'LEARY

No. 97-1242.

131 F.3d 1475 (1997)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Long Island Lighting Company, Orange And Rockland Utilities, Inc., Pacific Gas & Electric Co., San Diego Gas & Electric Co., Southern California Edison Co., Champion Internationalcorporation, Federal Paperboard Company, Inc., Internationalpaper Company and Weyerhauser Company, Plaintiffs-Appellants, v. Hazel O'LEARY, Secretary of Energy and George B. Breznay, Director, Office of Hearing and Appeals, Department of Energy, Defendants-Appellees, and Chevron U.S.A. Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 12, 1997.

Attorney(s) appearing for the Case

Philip P. Kalodner, of Gladwyne, Pennsylvania, argued for plaintiffs-appellants.

Paul T. Michael, Department of Energy, of Washington, DC, argued for defendants-appellees. With him on the brief were Stephen C. Skubel and Gilbert T. Renaut.

Robert M. Westberg, Pillsbury Madison & Sutro LLP, of San Francisco, California, argued for defendant-appellee. With him on the brief was Robert B. Gex.

James F. Flug, Ingersoll and Bloch, Chartered, of Washington, DC, for amici curiae. With him on the brief was Paula Dinerstein.

Before MAYER, SCHALL, and BRYSON, Circuit Judges. BRYSON, Circuit Judge.

BRYSON, Circuit Judge.

This case calls on us to decide whether interested private parties may obtain judicial review of a decision by the Department of Energy not to bring enforcement proceedings against another private party. Acting through its Office of Hearings and Appeals, the Department of Energy refused the request of the Economic Regulatory Administration, another component of the Department of Energy, to issue a remedial order against defendant-appellee Chevron...

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