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SOUTHWEST AIRLINES CO. v. F.E.R.C.

No. 18-1134. Consolidated with 18-1136, 18-1137, 18-1138.

926 F.3d 851 (2019)

SOUTHWEST AIRLINES CO. and American Airlines, Inc., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents SFPP, L.P., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 2019.

Attorney(s) appearing for the Case

Steven A. Adducci argued the cause for petitioners. With him on the briefs were Thomas J. Eastment , Gregory S. Wagner , Matthew D. Field , and Richard E. Powers Jr.

Anand R. Viswanathan , Attorney, Federal Energy Regulatory Commission, argued the cause for respondents. With him on the brief were Robert J. Wiggers and Robert B. Nicholson , Attorneys, U.S. Department of Justice, James P. Danly , General Counsel, Federal Energy Regulatory Commission, Robert H. Solomon , Solicitor, and Elizabeth E. Rylander , Attorney. Robert M. Kennedy Jr. , Attorney, Federal Energy Regulatory Commission, entered an appearance.

Charles F. Caldwell argued the cause for intervenor. With him on the brief were Daniel W. Sanborn , Michelle T. Boudreaux , and Sabina D. Walia.

Before: Tatel, Millett, and Katsas, Circuit Judges.

The Federal Energy Regulatory Commission uses a streamlined "indexing" method to ensure that when oil pipelines raise their rates, the resulting charges remain reasonable. Every summer, the Commission calculates an "index" that reflects inflation between the previous two calendar years, and pipelines may, through an expedited...

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