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TOTAL GAS & POWER NORTH AMERICA, INC. v. F.E.R.C.

No. 16-20642.

859 F.3d 325 (2017)

TOTAL GAS & POWER NORTH AMERICA, INCORPORATED; Aaron Trent Hall; Therese Nguyen Tran, Plaintiffs-Appellants, v. FEDERAL ENERGY REGULATORY COMMISSION; Acting Chairman Cheryl A. Lafleur, In her official capacity; Commissioner Colette D. Honorable, In her official capacity; Chief ALJ Carmen A. Cintron, In her official capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed June 8, 2017.

Attorney(s) appearing for the Case

Miguel Angel Estrada , David Debold, Esq. , William S. Scherman, Esq. , Lucas C. Townsend , Gibson, Dunn & Crutcher, L.L.P., Washington, DC, William Boyd Dawson, Robert Charles Walters , Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, for Plaintiffs-Appellants.

Tyce R. Walters , Mark Reiling Freeman , Attorney, Melissa Nicole Patterson , Mark Bernard Stern, Esqs. , U.S. Department of Justice, Civil Division, Appellate Section, Adam Anderson Grogg , U.S. Department of Justice, Civil Division Federal Programs Branch, for Defendants-Appellees.

Before KING, JOLLY, and PRADO, Circuit Judges.

We are presented with a challenge to the authority of the Federal Energy Regulatory Commission to adjudicate violations of the Natural Gas Act and to impose civil penalties on violators. TOTAL Gas & Power North America, Inc., a company that trades in North American natural gas markets, and two of its trading managers brought...

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