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EXXON MOBIL CORP. v. FEDERAL ENERGY REGULATORY COMMISSION

Nos. 05-1299, 05-1300, 05-1301.

501 F.3d 204 (2007)

EXXON MOBIL CORPORATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION and United States Of America, Respondents Anadarko Petroleum Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 27, 2007.

Attorney(s) appearing for the Case

Donald B. Craven argued the cause for petitioners. With him on the briefs was C. Fairley Spillman. Frederick T. Kolb, Douglas W. Rasch, and Bruce A. Connell entered appearances.

Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were John S. Moot, General Counsel, and Robert H. Solomon, Solicitor.

Karol L. Newman argued the cause for intervenors Anadarko Petroleum Corporation, et al. and amicus curiae Legislative Budget and Audit Committee of the Alaska State Legislature in support of respondent. With her on the brief were Jason B. Tompkins, James C. Moffatt, Jonathan D. Simon, and Donald C. Shepler, Jr.

Robert H. Loeffler, Edward J. Twomey, Seth M. Galanter, and David W. Marquez, Attorney General, Attorney General's Office of the State of Alaska, were on the brief for intervenor State of Alaska.

Before: GINSBURG, Chief Judge, and SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

The petitioners, which are developing a proposal to build a natural gas pipeline from the North Slope of Alaska to the contiguous United States, seek pre-enforcement review of two regulations promulgated by the Federal Energy Regulatory Commission, 18 C.F.R. §§ 157.36, 157.37. According to the petitioners, the Commission has "asserted authority to condition a certificate...

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