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MOBIL PIPE LINE CO. v. F.E.R.C.

No. 11-1021.

676 F.3d 1098 (2012)

MOBIL PIPE LINE COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents Canadian Natural Resources Limited, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 17, 2012.

Attorney(s) appearing for the Case

Joseph Guerra argued the cause for petitioner. On the briefs were James F. Bendernagel, Jr. , Lorrie M. Marcil , Christopher M. Lyons , and Eric D. McArthur.

Lona T. Perry , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondents. With her on the brief were Robert H. Solomon , Solicitor, and Judith A. Albert , Senior Attorney. Robert J. Wiggers and John J. Powers, III , Attorneys, U.S. Department of Justice, entered appearances.

Marcus W. Sisk, Jr. , Frederick G. Jauss IV, and James H. Holt were on the brief for intervenors Canadian Natural Resources Limited, et al. in support of respondents.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

Congress has directed the Federal Energy Regulatory Commission to ensure that oil pipeline rates are "just and reasonable." When the market in which a pipeline operates is not competitive, the Commission caps the pipeline's rates. When the market in which a pipeline operates is competitive, however, the Commission generally allows the pipeline to charge market-based rates.

Mobil owns and operates the Pegasus crude oil pipeline, which...

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