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ASSOCIATION OF OIL PIPE LINES v. F.E.R.C.

No. 16-1059.

876 F.3d 336 (2017)

ASSOCIATION OF OIL PIPE LINES, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents Air Transport Association of America, Inc., d/b/a Airlines for America, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 28, 2017.

Attorney(s) appearing for the Case

Steven Reed argued the cause for petitioner. With him on the briefs were Steven H. Brose , Daniel J. Poynor , and Steven M. Kramer , Washington, DC.

Susanna Y. Chu , Attorney, Federal Energy Regulatory Commission, argued the cause for respondents. With her on the brief were James J. Fredricks and Robert J. Wiggers , Attorneys, U.S. Department of Justice, Robert H. Solomon , Solicitor, Federal Energy Regulatory Commission, and Beth G. Pacella , Deputy Solicitor.

Richard E. Powers Jr. , Steven A. Adducci , Matthew D. Field , Thomas J. Eastment , Gregory S. Wagner , David A. Berg , Jeffrey M. Petrash , and James H. Holt , Washington, DC, were on the brief for Shippers Intervenors in support of the Federal Energy Regulatory Commission.

Before: Kavanaugh and Srinivasan, Circuit Judges, and Edwards, Senior Circuit Judge.

Pursuant to authority granted to it under the Interstate Commerce Act, 49 U.S.C. app. § 15(1) (1988), and the Energy Policy Act of 1992, Pub. L. No. 102-486, § 1801(a), 106 Stat. 2776, 3010 (codified at 42 U.S.C. § 7172 note (2006)), the Federal Energy Regulatory Commission ("FERC" or "Commission") employs...

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