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RESOLUTE NATURAL RESOURCES CO. v. F.E.R.C.

No. 08-1268.

596 F.3d 840 (2010)

RESOLUTE NATURAL RESOURCES COMPANY and Resolute Aneth, LLC, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents Navajo Nation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

February 26, 2010.

Attorney(s) appearing for the Case

Sheila Slocum Hollis and Blaine Yamagata were on the briefs for petitioners Resolute Natural Resources Company and Resolute Aneth, LLC.

Howard Eliot Shapiro was on the brief for intervenors the Navajo Nation and Navajo Nation Oil and Gas Company in support of petitioners. Pamela J. Anderson entered an appearance.

John J. Powers III and Robert J. Wiggers, Attorneys, U.S. Department of Justice, Thomas R. Sheets, General Counsel, Federal Energy Regulatory Commission, Robert H. Solomon, Solicitor, and Beth G. Pacella, Senior Attorney, were on the brief for respondents.

Lowery Barfield, Steven H. Brose, and Daniel J. Poynor were on the brief for intervenor Western Refining Pipeline Company in support of respondent.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge.

Resolute Natural Resources Co. and Resolute Aneth, LLC (collectively "Resolute") petition for review of certain orders of the Federal Energy Regulatory Commission declining to investigate allegedly anticompetitive conduct by Western Refining Pipeline Co. involving oil pipelines in New Mexico; intervenors the Navajo Nation and the Navajo Nation Oil and Gas Co. (collectively "the Navajo") bring substantially...

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