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FLINT HILLS RESOURCES ALASKA, LLC v. F.E.R.C.

Nos. 09-1236, 09-1251.

631 F.3d 543 (2011)

FLINT HILLS RESOURCES ALASKA, LLC, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents ConocoPhillips Alaska, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 18, 2011.

Attorney(s) appearing for the Case

James M. Armstrong argued the cause for petitioner. With him on the briefs were David D'Alessandro , Richard A. Curtin , Patricia F. Godley , Howard E. Shapiro , and Jonathan D. Simon . Dennis Lane and Marie D. Zosa entered appearances.

Kathrine L. Henry , Attorney, Federal Energy Regulatory Commission, argued the cause for respondents. With her on the brief were John J. Powers III and Robert J. Wiggers , Attorneys, U.S. Department of Justice, Thomas R. Sheets , General Counsel, Federal Energy Regulatory Commission, and Robert H. Solomon , Solicitor.

Matthew W.S. Estes argued the cause for intervenors ConocoPhillips Alaska, Inc., et al. in support of respondents. With him on the brief were John A. Donovan and John Wyeth Griggs .

Dissenting opinion filed by Senior Circuit Judge RANDOLPH.

WILLIAMS, Senior Circuit Judge:

Section 4412 of the Motor Carrier Safety Reauthorization Act of 2005, Pub.L. No. 109-59, 119 Stat. 1144, 1778-79 (2005) ("§ 4412") imposes a limit on the retroactivity of Federal Energy Regulatory Commission orders changing "quality bank adjustments" paid to oil shippers on the Trans Alaska Pipeline System ("TAPS"). Specifically, it provides that for proceedings starting after the date of enactment such orders cannot reach back...

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