Nos. 04-1102, 04-1103, 04-1104, 04-1140, 04-1142, 04-1143, 04-1160, 05-1204, 05-1217, 05-1218, 05-1219, 05-1223, 05-1226, 05-1232, 05-1245, 05-1303.

487 F.3d 945 (2007)

EXXONMOBIL OIL CORPORATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents Western Refining Company, L.P., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 29, 2007.

Attorney(s) appearing for the Case

Thomas J. Eastment and R. Gordon Gooch argued the cause for Shipper Petitioners. With them on the briefs were Joshua B. Frank, Elisabeth R. Myers, George L. Weber, Walter Lowry Barfield, III, Steven A. Adducci, Richard E. Powers, Jr., Marcus W. Sisk, Jr., and Frederick G. Jauss IV.

Charles F. Caldwell and Christopher J. Barr argued the cause for petitioners SFPP, L.P. and the Association of Oil Pipe Lines. With them on the briefs were Albert S. Tabor, Jr., Catherine O'Harra, Sabina K. Dugal, Steven H. Brose, Timothy M. Walsh, Daniel J. Poynor, and Michele F. Joy. Erin M. Murphy, Neil Patten, Judith M. Andrade, Kevin B. Bedell, Glenn S. Benson, and Michael J. Manning entered appearances.

Lona T. Perry, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were R. Hewitt Pate, Assistant Attorney General, U.S. Department of Justice, John J. Powers, III, and Robert J. Wiggers, Attorneys, John S. Moot, General Counsel, Federal Energy Regulatory Commission, and Robert H. Solomon, Solicitor. Robert B. Nicholson, Attorney, U.S. Department of Justice, entered an appearance.

Charles F. Caldwell argued the cause for intervenors SFPP, L.P. and the Association of Oil Pipe Lines in support of respondent. With him on the brief were Christopher J. Barr, Albert S. Tabor, Jr., Catherine O'Harra, Steven H. Brose, Timothy M. Walsh, and Daniel J. Poynor.

Steven A. Adducci, R. Gordon Gooch, Elisabeth R. Myers, Marcus W. Sisk, Jr., Frederick G. Jauss IV, and George L. Weber were on the brief of Shipper Intervenors in support of respondent with respect to arguments of SFPP, L.P. and the Association of Oil Pipe Lines.

Before: SENTELLE, GRIFFITH and KAVANAUGH, Circuit Judges.

Opinion for the Court filed PER CURIAM.


SFPP, L.P., operates pipelines that transport petroleum products through Arizona, California, Nevada, New Mexico, Oregon, and Texas. This case is the latest chapter in a long-running dispute over SFPP's tariffs.

The consolidated petitions for review challenge three orders of the Federal Energy Regulatory Commission ("FERC"):

1. ARCO Products Co. v. SFPP, L.P., 92 FERC ¶ 61,244...

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