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UNITED AIRLINES, INC. v. F.E.R.C.

No. 11-1479 Consolidated with 12-1069, 12-1070, 12-1073, 12-1086, 15-1101, 15-1105, 15-1107.

827 F.3d 122 (2016)

UNITED AIRLINES, INC., et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents. BP West Coast Products LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 2016.

Attorney(s) appearing for the Case

Thomas J. Eastment , Washington, DC, argued the cause for Shipper Petitioners. With him on the briefs were Gregory S. Wagner , Richard E. Powers, Jr. , Melvin Goldstein, and Steven A. Adducci . Frederick G. Jauss and Marcus W. Sisk Jr. , Washington, DC, entered appearances.

Charles F. Caldwell argued the cause for Petitioner SFPP L.P. With him on the briefs were Dean Lefler and Daniel W. Sanborn . Deborah R. Repman entered an appearance.

Ross R. Fulton and Lisa B. Luftig , Attorneys, Federal Energy Regulatory Commission, argued the causes for respondents. On the brief were William J. Baer , Assistant Attorney General, U.S. Department of Justice, James J. Fredricks and Robert J. Wiggers , Attorneys, Robert H. Solomon , Solicitor, Federal Energy Regulatory Commission, Beth G. Pacella , Deputy Solicitor, and Elizabeth E. Rylander , Attorney.

Steven A. Adducci , Thomas J. Eastment , Gregory S. Wagner , Richard E. Powers Jr. , and Melvin Goldstein , Washington, DC, were on the brief for Shipper Intervenors in support of Federal Energy Regulatory Commission.

Charles F. Caldwell , Dean H. Lefler , and Daniel W. Sanborn were on the brief for intervenor SFPP, L.P. in support of respondents. Elizabeth B. Kohlhausen entered an appearance.

Opinion for the Court filed by Senior Circuit Judge SENTELLE.

Petitioners SFPP, L.P. ("SFPP") and several shippers —"i.e., firms that pay to transport petroleum products over SFPP's pipelines," ExxonMobil Oil Corp. v. FERC, 487 F.3d 945, 947 (D.C. Cir. 2007) — challenge aspects of three orders from the Federal Energy...

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