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HUNTER v. F.E.R.C.

No. 11-1477.

711 F.3d 155 (2013)

Brian HUNTER, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Commodity Futures Trading Commission, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 2013.

Attorney(s) appearing for the Case

Michael S. Kim argued the cause for petitioner. With him on the briefs were Melanie Oxhorn , Leanne A. Bortner , and Andrew C. Lourie .

Mary T. Connelly , Assistant General Counsel, Commodity Futures Trading Commission, argued the cause for intervenor. With her on the briefs were Dan M. Berkowitz , General Counsel, and Jonathan L. Marcus , Deputy General Counsel.

Robert H. Solomon , Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Lona T. Perry , Senior Attorney, and Robert M. Kennedy , Attorney.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Pursuant to the Energy Policy Act of 2005, the Federal Energy Regulatory Commission fined petitioner $30 million for manipulating natural gas futures contracts. According to petitioner, FERC lacks authority to fine him because the Commodity Futures Trading Commission has exclusive jurisdiction over all transactions involving commodity futures contracts. Because manipulation of natural gas futures contracts...

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