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BURLINGTON RESOURCES INC. v. F.E.R.C.

No. 06-1042.

513 F.3d 242 (2008)

BURLINGTON RESOURCES INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Panhandle Eastern Pipe Line Company and Northern Natural Gas Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 22, 2008.

Attorney(s) appearing for the Case

Thomas J. Eastment argued the cause for petitioner. With him on the briefs was Bruce A. Connell.

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.

Frank X. Kelly argued the cause for intervenors. With him on the brief were Steve Stojic and James F. Moriarty.

Before: SENTELLE and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

Burlington Resources Inc. (which, with its predecessors-in-interest, we will call "Burlington") is a producer of natural gas. Three years ago, in Burlington Resources Oil & Gas Co. v. FERC ("Burlington I"), 396 F.3d 405 (D.C.Cir.2005), it challenged orders of the Federal Energy Regulatory Commission requiring it to return...

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