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APACHE CORP. v. F.E.R.C.

No. 09-1204.

627 F.3d 1220 (2010)

APACHE CORPORATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Enogex LLC, Chesapeake Energy Corporation, and Midcontinent Express Pipeline LLC, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 28, 2010.

Attorney(s) appearing for the Case

Seth P. Waxman argued the cause for petitioner. With him on the briefs were Jonathan E. Nuechterlein , Heather M. Zachary , and Kenneth E. McNeil .

Carol J. Banta , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Thomas R. Sheets , General Counsel, and Robert H. Solomon , Solicitor.

James F. Bowe, Jr. , Brett A. Snyder , David I. Bloom , Adam C. Sloane , James F. Moriarty , Thomas E. Knight , and Shannon Grewer were on the brief for intervenors in support of respondent.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

Pursuant to its congressionally assigned authority, the Federal Energy Regulatory Commission regulates the transmission of oil, electricity, and natural gas. Its goals are to promote competition and help American consumers gain access to reliable and affordable energy. This case involves three regulated entities in the natural gas market: Apache, a natural gas producer; Enogex, an intrastate natural...

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